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Terry Vs Ohio Case Study

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Terry v. Ohio (1968) This decision established that police officers may stop and frisk individuals if they have reasonable suspicion that the person is engaged in criminal activity. This decision has been important in shaping police practices and has been used to justify the use of stop-and-frisk tactics in certain situations. Terry v. Ohio (1968) is an important case in the history of criminal law in the United States. The case dealt with the issue of whether police officers can stop and frisk individuals if they have reasonable suspicion that the person is engaged in criminal activity. The decision established the legality of "stop and frisk" as a law enforcement tactic. It is also referred to as a “pat down” search. On October 31, 1963, …show more content…

This meant that officers had to have a reasonable belief that a person had committed a crime before they could take any action. The Terry decision lowered this standard to "reasonable suspicion," which is a lower threshold. The Terry decision has had a profound impact on law enforcement. It has given police officers the ability to stop and frisk individuals based on reasonable suspicion, which has helped to prevent crime and keep communities safe. The decision has also helped to prevent officers from being hindered by overly restrictive standards, allowing them to take action to prevent criminal activity before it occurs. The Court legitimized the stop-and-frisk practice, which had been common among police officers. Now, officers could conduct investigatory searches for weapons based on reasonable suspicion. Law enforcement gained greater authority to detain and search individuals without a warrant. However, this authority was subject to the strict standard of reasonable suspicion. At the same time, the Terry decision has been controversial. Critics argue that the decision has led to racial profiling and has disproportionately affected minority

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After reviewing Justice Brennan’s dissenting opinion, I cannot agree with his argument that a conducting a protective sweep surpasses the purpose of the Terry v. Ohio decision. Justice Brennan agreed that a protective sweep was not a full-blown search, but it was much more intrusive than a limited pat down for weapons or the frisk of an automobile (Sifferlen, 1991). Also, Justice Brennan also stated he believed officers’ should possess probable cause to initiate a protective sweep of a home (Sifferlen, 1991). The Terry v. Ohio decision permits law enforcement officers to perform a pat down of the outer clothing, when the officer has reasonable suspicion to believe the subject he or she is dealing with, is armed and dangerous (Hall, 2015). The main purpose of Terry v. Ohio decision is to locate weapons that may be used to hurt the

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