The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Oral Argument: Tuesday, December 12, 1967
Decision: Monday, June 10, 1968
Issues: Criminal Procedure, Search and Seizure
Categories: criminal, fourth amendment, searches and seizures

Advocates

Reuben M. Payne (Argued the cause for the respondent)
Louis Stokes (Argued the cause for the petitioner)

Facts of the Case

Terry and two other men were observed by a plain clothes policeman in what the officer believed to be "casing a job, a stick-up." The officer stopped and frisked the three men, and found weapons on two of them. Terry was convicted of carrying a concealed weapon and sentenced to three years in jail.

Question

Was the search and seizure of Terry and the other men in violation of the Fourth Amendment?

Conclusion

In an 8-to-1 decision, the Court held that the search undertaken by the officer was reasonable under the Fourth Amendment and that the weapons seized could be introduced into evidence against Terry. Attempting to focus narrowly on the facts of this particular case, 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 Court found that the searches undertaken were limited in scope and designed to protect the officer's safety incident to the investigation.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
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Full Opinion: Criminal Procedure, Search and Seizure: 8 - 1
Voted with the minority, authored a dissent
Douglas
Voted with the majority, authored an opinion
Warren
Voted with the majority, joined Warren's opinion
Fortas
Voted with the majority, joined Warren's opinion
Brennan
Voted with the majority, joined Warren's opinion
Marshall
Voted with the majority, authored a special concurrence
Black
Voted with the majority, authored a concurrence
White
Voted with the majority, joined Warren's opinion
Stewart
Voted with the majority, authored a concurrence
Harlan

Cite this page

The Oyez Project, Terry v. Ohio, 392 U.S. 1 (1968),
available at: <http://www.oyez.org/cases/1960-1969/1967/1967_67/>
(last visited ).