[

He added that he feared "they may have a gun." Younger, and Harry Wood for the National District Attorneys' Assn., and by James R. Thompson for Americans for Effective Law Enforcement.

Footnote 23 Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. Cancel anytime. No contracts or commitments. In this context we approach the issues in this case mindful of the limitations of the judicial function in controlling the myriad daily situations in which policemen and citizens confront each other on the street. We hold today that the police have greater authority to make a "seizure" and conduct a "search" than a judge has to authorize such action. 333 If loitering were in issue and that United States Supreme Court 392 U.S. 1 (1968) Facts. For this purpose it is urged that distinctions should be made between a "stop" and an "arrest" (or a "seizure" of a person), and between a "frisk" and a "search."

U.S. 523, 537 .

Johnson v. United States,   U.S. 1, 6] the present facts. Footnote 22 [392 (1960); Henry v. United States,

  [392

(1967) (MR. JUSTICE FORTAS, concurring); see, e. g., Preston v. United States, We granted certiorari, 387 U.S. 929, 87 S.Ct. 2d 889 (1968) Brief Fact Summary.

It was this legitimate investigative function Officer McFadden was discharging when he decided to approach petitioner and his companions. Begin typing to search, use arrow keys to navigate, use enter to select. ] See L. Tiffany, D. McIntyre & D. Rotenberg, Detection of Crime: Stopping and Questioning, Search and Seizure, Encouragement and Entrapment 18-56 (1967).   (1948). ; United States v. Di Re, 15 We therefore reject the notions that the Fourth Amendment does not come into play at all as a limitation upon police conduct if the officers stop short of something called a "technical arrest" or a "full-blown search.". The Petitioner, John W. Terry (the “Petitioner”), was stopped and searched by an officer after the officer observed the Petitioner seemingly casing a store for a potential robbery.

2 The heart of the Fourth Amendment, the argument runs, is a severe requirement of specific justification for any intrusion upon protected personal security, coupled with a highly developed system of judicial controls to enforce upon the agents of the State the commands of the Constitution. ] Terry and Chilton were arrested, indicated, tried, and convicted together. The Fourth Amendment: Arrest and Search and Seizure, 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law.

[ State v. Terry, 5 Ohio App. An arrest is the initial stage of a criminal prosecution. 338

Justice Byron White (“J.

However, given the proper circumstances, such as those in this case, it seems to me the person may be briefly detained against his will while pertinent questions are directed to him. [392 The procedural disposition (e.g. .

U.S. 1, 18]