In the last 50 years, there has been a number of substantial cases issued
by the United States Supreme Court that effected criminal jurisprudence.
The case that started it all was
Terry v. Ohio, 392 U.S. 1 (1968). In this case, an officer was patrolling downtown Cleveland
when two men, Chilton and Terry caught his attention. The two men appeared
to be scoping out several different downtown stores. The officer believed
that the two were planning to commit a daytime burglary.
The officer approached the two men (who were with another man at this point)
and asked them their names. The men "mumbled" something. At
this point, the officer conducted a search of Terry's person. he found
a .38-caliber revolver on Terry.
The Supreme Court discussed what we recently discussed--whether the officer
seized terry and whether he conducted a search that triggered Fourth Amendment
protection. The Court noted that a seizure occurs whenever a police officer
"accosts" an individual and restrains his freedom to walk away.
However, to justify a search a police officer must point to "specific
and articulable facts which, taken together with rational inferences from
those facts, reasonably warrant that intrusion."
Stay tuned as we continue to evaluate and discuss how Terry v. Ohio allows
for the police to conduct an investigative detention. If you have been
possession of a controlled substance,
contact a Plano drug crimes attorney.