![]() ![]() ![]() Chief Justice Warren for the Court wrote that the Fourth Amendment was applicable “whenever a police officer accosts an individual and restrains his freedom to walk away.” 209 Because the warrant clause is necessarily and practically of no application to the type of on-the-street encounter present in Terry, the Chief Justice continued, the question was whether the policeman’s actions were reasonable. Upon approaching the men, identifying himself, and not receiving prompt identification, the officer seized one of the men, patted the exterior of his clothes, and discovered a gun. Terry arose when a police officer observed three individuals engaging in conduct which appeared to him, on the basis of training and experience, to be the “casing” of a store for a likely armed robbery. Ohio, 208 the Court, with only Justice Douglas dissenting, approved an onthestreet investigation by a police officer that involved “patting down” the subject of the investigation for weapons. 206 There are, however, instances when a police officer’s suspicions will have been aroused by someone’s conduct or manner, but probable cause for placing such a person under arrest will be lacking. 205 Probable cause is, of course, the same standard required to be met in the issuance of an arrest warrant, and must be satisfied by conditions existing prior to the police officer’s stop, what is discovered thereafter not sufficing to establish probable cause retroactively. 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.ĭetention Short of Arrest: Stop and Frisk.-Arrests are subject to the requirements of the Fourth Amendment, but the courts have followed the common law in upholding the right of police officers to take a person into custody without a warrant if they have probable cause to believe that the person to be arrested has committed a felony or a misdemeanor in their presence. ![]()
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