Terry v. Ohio (1968)

1. Terry v. Ohio (1968) Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Respond to “In My Opinion…” in 3 to 5 lines.

2. Terry v. Ohio (1968) Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. According to the U.S. Supreme Court... In an 8 to 1 ruling, the Court held that the search undertaken by the officer was reasonable under the 4th Amendment and that the weapons seized could be used as evidence. The Court found that the officer acted on more than a "hunch" and that "a reasonably prudent man would have been warranted in believing [Terry] was armed and thus presented a threat to the officer's safety while he was investigating his suspicious behavior." The searches were limited in scope and designed to protect the officer's safety during the investigation. http://www.oyez.org/cases/1960-1969/1967/1967_67

3. 4th Amendment Search & Seizure Essential Question: How have recent U.S. Supreme rulings brought meaning to the Fourth Amendment?

4. What types of things may be seized? • Contraband – anything which is illegal to possess (for example: drugs, firearms, child pornography)

5. What types of things may be seized? • Contraband – anything which is illegal to possess (for example: drugs, firearms, child pornography) • Fruits of the Crime – anything gained as a result of criminal activity (for example: drug money, cars & homes purchased with drug money)

6. What types of things may be seized? • Contraband – anything which is illegal to possess (for example: drugs, firearms, child pornography) • Fruits of the Crime – anything gained as a result of criminal activity (for example: drug money, cars & homes purchased with drug money) • Instrumentalities of the Crime – any tools or weapons used in the commission of a crime (for example: knife used in a stabbing, crowbar used in a burglary)

7. What types of things may be seized? • Contraband – anything which is illegal to possess (for example: drugs, firearms, child pornography) • Fruits of the Crime – anything gained as a result of criminal activity (for example: drug money, cars & homes purchased with drug money) • Instrumentalities of the Crime – any tools or weapons used in the commission of a crime (for example: knife used in a stabbing, crowbar used in a burglary) • Mere Evidence – anything that doesn’t neatly fit into one of these other categories but is necessary to prove the defendant’s guilt in court (for example: clothing that was worn during a crime which may yield fiber evidence, shoes which may match footprints at the crime scene)

8. The Exclusionary Rule • Definition: Evidence obtained through violations of the constitutional rights of a criminal defendant must be excluded from trial • How the Evidence is Excluded: Judges hold pretrial hearings where they hear arguments from both sides & then issue rulings on the admissibility of evidence • Source of this Rule: Case law – Weeks v. United States 1914 (federal cases) & Mapp v. Ohio 1961 (extended this protection to state cases)

9. Legal Searches/Seizures w/out Warrants • School Searches by School Officials (only requires reasonable suspicion)

10. Legal Searches/Seizures w/out Warrants • School Searches by School Officials (only requires reasonable suspicion) • Consent is Given (must be an “intelligent waiver”)

12. Georgia v. Randolph (2006) Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Respond to “In My Opinion…” in 3 to 5 lines.

13. Georgia v. Randolph (2006) Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. According to the U.S. Supreme Court... In a 5 to 3 decision, the Supreme Court held that when two co-occupants are present and one consents to a search while the other refuses, the search is not constitutional. The Court compared the reasonableness of such a search to a more casual interaction, explaining a reasonable person would not enter the premises if one of the co-occupants objected. Therefore, a police search in such circumstances wouldn’t meet the reasonableness requirement of the 4th Amendment http://www.oyez.org/cases/2000-2009/2005/2005_04_1067

14. Legal Searches/Seizures w/out Warrants • School Searches by School Officials (only requires reasonable suspicion) • Consent is Given (must be an “intelligent waiver”) • Search Incident to a Lawful Arrest (for officer safety and to secure evidence on the “person” of the accused and the immediate area)

15. Legal Searches/Seizures w/out Warrants • School Searches by School Officials (only requires reasonable suspicion) • Consent is Given (must be an “intelligent waiver”) • Search Incident to a Lawful Arrest (for officer safety and to secure evidence on the “person” of the accused and the immediate area) • Plain View Search (contraband/evidence is in plain view)

16. Arizona v. Hicks (1987) Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Respond to “In My Opinion…” in 3 to 5 lines.

17. Arizona v. Hicks (1987) Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. According to the U.S. Supreme Court... In a 6 to 3 ruling, the Court held that although the "plain view" doctrine allows police officers to seize evidence in plain view without a warrant, if an officer must move/disturb the item for inspection this can only be done if probable cause exists. The search of the stereo equipment in this manner violated the 4th Amendment. http://www.oyez.org/cases/1980-1989/1986/1986_85_1027

18. Legal Searches/Seizures w/out Warrants • School Searches by School Officials (only requires reasonable suspicion) • Consent is Given (must be an “intelligent waiver”) • Search Incident to a Lawful Arrest (for officer safety and to secure evidence on the “person” of the accused and the immediate area) • Plain View Search (contraband/evidence is in plain view) • Vehicle Searches (a warrant is not necessary, but police must have probable cause)

19. Legal Searches/Seizures w/out Warrants • School Searches by School Officials (only requires reasonable suspicion) • Consent is Given (must be an “intelligent waiver”) • Search Incident to a Lawful Arrest (for officer safety and to secure evidence on the “person” of the accused and the immediate area) • Plain View Search (contraband/evidence is in plain view) • Vehicle Searches (a warrant is not necessary, but police must have probable cause) • “Stop and Frisk” AKA Terry Search (only requires reasonable suspicion)

20. Minnesota v. Dickerson (1993) Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Respond to “In My Opinion…” in 3 to 5 lines.

21. Minnesota v. Dickerson (1993) Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. According to the U.S. Supreme Court... In a 9-0 vote, the Supreme Court held that instances in which an officer uses the sense of sight to discover illegal goods are similar to those involving the sense of touch, therefore, tactile detection of contraband during a lawful pat-down search does not constitute any further invasion of privacy and warrantless seizure is permissible. BUT…the Court also concluded that the police officer frisking Dickerson stepped outside the boundaries outlined in Terry v. Ohio which requires a protective pat-down search to involve only what is necessary for the detection of weapons. In fact the officer was already aware that Dickerson's jacket pocket did not contain a weapon, when he detected the cocaine through further tactile investigation. http://www.oyez.org/cases/1990-1999/1992/1992_91_2019

22. Legal Searches/Seizures w/out Warrants • School Searches by School Officials (only requires reasonable suspicion) • Consent is Given (must be an “intelligent waiver”) • Search Incident to a Lawful Arrest (for officer safety and to secure evidence on the “person” of the accused and the immediate area) • Plain View Search (contraband/evidence is in plain view) • Vehicle Searches (a warrant is not necessary, but police must have probable cause) • “Stop and Frisk” AKA Terry Search (only requires reasonable suspicion) • While in “Hot Pursuit” of a person accused of a felony

23. Legal Searches/Seizures w/out Warrants • School Searches by School Officials (only requires reasonable suspicion) • Consent is Given (must be an “intelligent waiver”) • Search Incident to a Lawful Arrest (for officer safety and to secure evidence on the “person” of the accused and the immediate area) • Plain View Search (contraband/evidence is in plain view) • Vehicle Searches (a warrant is not necessary, but police must have probable cause) • “Stop and Frisk” AKA Terry Search (only requires reasonable suspicion) • While in “Hot Pursuit” of a person accused of a felony • An “Emergency Situation” requiring immediate aid

24. Bringham City, Utah v. Stuart et al. (2005) Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Respond to “In My Opinion…” in 3 to 5 lines.

25. Bringham City, Utah v. Stuart et al. (2005) Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. According to the U.S. Supreme Court... In a unanimous decision, the Court held that police may enter a building without a warrant when they have an objectively reasonable basis to believe that an occupant is "seriously injured or threatened with such injury." Quoting from Mincey v. Arizona, Chief Justice John Roberts wrote that "[t]he need to protect or preserve life or avoid serious injury is justification for what would be otherwise illegal absent an exigency or emergency." http://www.oyez.org/cases/2000-2009/2005/2005_05_502

26. Legal Searches/Seizures w/out Warrants • School Searches by School Officials (only requires reasonable suspicion) • Consent is Given (must be an “intelligent waiver”) • Search Incident to a Lawful Arrest (for officer safety and to secure evidence on the “person” of the accused and the immediate area) • Plain View Search (contraband/evidence is in plain view) • Vehicle Searches (a warrant is not necessary, but police must have probable cause) • “Stop and Frisk” AKA Terry Search (only requires reasonable suspicion) • While in “Hot Pursuit” of a person accused of a felony • An “Emergency Situation” requiring immediate aid • Border & Airport Searches

27. Legal Searches/Seizures w/out Warrants • School Searches by School Officials (only requires reasonable suspicion) • Consent is Given (must be an “intelligent waiver”) • Search Incident to a Lawful Arrest (for officer safety and to secure evidence on the “person” of the accused and the immediate area) • Plain View Search (contraband/evidence is in plain view) • Vehicle Searches (a warrant is not necessary, but police must have probable cause) • “Stop and Frisk” AKA Terry Search (only requires reasonable suspicion) • While in “Hot Pursuit” of a person accused of a felony • An “Emergency Situation” requiring immediate aid • Border & Airport Searches • Some Types of Vehicle Checkpoints (being stopped at a checkpoint is a “seizure”)