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Terry v. Ohio, 392 U.S. 1 (1968)
Facts: On October 31st, 1963, a local policeman in Cleveland, Ohio by the name of Martin
McFadden arrested two men, Richard Chilton and John. W. Terry after discovering they
had pistols hidden in their jackets. He discovered these pistols after frisking both of them,
suspecting that they were planning on robbing a store. Both men were consequently
charged with illegally carrying concealed weapons and had to go to trial, during which
Terry’s lawyer argued that Mcfadden’s frisking of the two men was a direct violation of
the Fourth Amendment, which directly prohibits unreasonable searches and seizures.
Terry’s lawyer attempted to have the pistols found upon Terry suppressed from evidence
because of this, however the motion was denied by the trial’s just, as the ‘stop-and-frisk’
technique was presumed legal. Terry was convicted as a result. He proceeded to appeal to
the Ohio District Court of Appeals and well as the Supreme Court of Ohio with little
success, however his appeal to the U.S Supreme Court was successful, permitting him to
plead his case to them. They effectively granted him certiorari- a judicial review of the
decision made by the court in Ohio.
Procedure: Terry’s appeal was listened to by the lower courts but ultimately dismissed by the
Issue: During his appeal in front of the eight justices of the Supreme Court, they accepted
Terry’s arguments that the policeman’s actions fell under Terry’s Fourth Amendment
rights. However, they also ruled that the “st…
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