Terry v. Ohio (1968)

Overview

Terry v. Ohio established the constitutional basis for stop-and-frisk procedures under the Fourth Amendment.
A police officer observed three men repeatedly pacing and peering into a store window, suspecting they were preparing for a robbery. The officer approached, identified himself, and performed a pat-down search (frisk), discovering weapons.

Ruling

The Supreme Court held that officers may conduct a limited search (frisk) of a suspect’s outer clothing based on reasonable suspicion (RS) that the person is armed and dangerous, even without probable cause for arrest.

Legal Principle Established

“Where a police officer observes unusual conduct that leads him reasonably to conclude that criminal activity may be afoot and that the persons involved may be armed and dangerous, he is entitled for the protection of himself and others to conduct a carefully limited search.”

Implication

This case created the Terry Stop Standard, allowing officers to briefly detain and frisk individuals when there is reasonable suspicion — a lower threshold than probable cause — to protect themselves and others.

Quick Guide

• Officers may perform a Terry frisk when there is RS that the suspect is armed or poses danger.
• The frisk must be limited to outer clothing to locate weapons, not general evidence.
• Discovery of contraband or weapons may elevate RS to probable cause, justifying arrest.
• Officers should clearly articulate specific observations (bulge, nervous behavior, known area) to justify a frisk in reports or RP logs.