Ohio, U.S. Supreme Court decision, issued on June 10, 1968, which held that police encounters known as stop-and-frisks, in which
members of the public are stopped for questioning and patted down for weapons and drugs without probable cause
(a reasonable belief that a crime has been or is about to be committed), do not …
What did the Supreme Court decide in the Terry vs Ohio case quizlet?
In Terry v. Ohio, the Supreme Court ruled that
a police officer might stop and frisk a person based on reasonable suspicion
. … In this case, the Supreme Court ruled that any evidence obtained during an illegal search would be disallowed at trial.
What was the ruling of Terry v Ohio?
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
.
What are the two clauses in the Fourth Amendment?
The Fourth Amendment has two basic clauses.
One focuses on the reasonableness of a search and seizure; the other, on warrants
. One view is that the two clauses are distinct, while another view is that the second clause helps explain the first. However, which interpretation is correct is unclear.
What is Terry Law?
A Terry stop in the United States
allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity
. Reasonable suspicion is a lower standard than probable cause which is needed for arrest. When police stop and search a pedestrian, this is commonly known as a stop and frisk.
What is the exclusionary rule and why is it controversial quizlet?
The Exclusionary Rule, which
prohibits the use of evidence obtained as a result of unreasonable search and seizure
, is applicable to state criminal proceedings.
What is the exclusionary rule?
The exclusionary rule
prevents the government from using most evidence gathered in violation of the United States Constitution
. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.
What happened in Miranda v Arizona quizlet?
The Supreme Court, in a 5-4 decision written by Chief Justice Earl Warren, ruled that
the prosecution could not introduce Miranda's confession as evidence in a criminal trial
because the police had failed to first inform Miranda of his right to an attorney and against self-incrimination.
What is Fourth Amendment?
The Constitution, through the Fourth Amendment,
protects people from unreasonable searches and seizures by the government
. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
What are the 4 exceptions to the exclusionary rule?
3 7 Presently, there exist the follow- ing exceptions:
the impeachment exception, the independent source exception, the inevitable discovery exception, the good faith excep- tion, the harmless error exception, and the rule of attenuation
.
What is the 5 amendment in simple terms?
The Fifth Amendment of the U.S. Constitution provides, “
No person shall be held to answer for a capital, or otherwise infamous crime
, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor …
How old is Terry Law?
Terry Law Dies At
77
.
What is needed for a Terry stop?
When a police officer has
a reasonable suspicion that an individual is armed
, engaged, or about to be engaged, in criminal conduct, the officer may briefly stop and detain an individual for a pat-down search of outer clothing. A Terry stop is a seizure within the meaning of Fourth Amendment.
What impact did Terry v Ohio have on law enforcement?
Ohio, 392 U.S. 1 (1968), was a landmark decision of the Supreme Court of the United States in which the Court ruled that
it is not unconstitutional for American police to “stop and frisk” a person they reasonably suspect to be armed and involved in a crime
.
What is the exclusionary rule and what are the three exceptions to the rule?
Three exceptions to the exclusionary rule are “
attenuation of the taint,” “independent source,” and “inevitable discovery.
“
What is an example of the exclusionary rule?
For example, if a defendant is arrested illegally,
the government may not use fingerprints taken while the defendant was in custody as evidence
. Because police would not have obtained the fingerprints without the illegal arrest, the prints are “fruit of the poison tree.”
