Case brief

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Student’s Name Instructor’s name Class Name Date Case Briefs CASE I Title of case: Terry vs. Ohio (1968) Facts: Officer realized that the complainant kept on chatting with another person along the street curve while moving every time on the street. Sometimes the people would peer to a store opening and talk further. Also, the people talked to the third person who they finally trailed along the street. Besides, the officer held that other men and the complainant were casing a store so that they can potentially robber it. The officer decided to approach those men for questioning. The petitioners fast frisking produced a hidden weapon, and that made the petitioner to be charged with carrying of hidden weapon (Kemp 1). Issue: Does the Fourth Amendment in search of a weapon without warrant arrest is a search without reason? Held: The Supreme Court believed that a search is reasonable at a time when an officer carries out a partial search for a weapon on an individual who the officer believed may be armed. An officer could be burden by the prohibition of searching people that he suspects to be armed. Concurrence: J. Harlan concurred with majority, but he stressed an additional need of the sensibleness of the stop to inspect the crime Dissent: J. Douglas disagreed, he said the majority holding could give controls to the officer to permit a seizure and search that even a magistrate cannot even posses Discussion: A summary fact of this case is essential to comprehend the willingness of the Supreme Court to authorize the search. It is noted that the suspicious actions were armed robbery and violent crime. If the suspicion of the officer were right, he would be

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