pennsylvania
mimms
argued
decided
december
police
officers
stopped
respondent
automobile
operated
expired
license
plate
one
officers
asked
respondent
step
car
produce
license
registration
respondent
alighted
large
bulge
jacket
noticed
officer
thereupon
frisked
found
loaded
revolver
respondent
arrested
subsequently
indicted
carrying
concealed
weapon
unlicensed
firearm
motion
suppress
revolver
denied
trial
revolver
introduced
evidence
convicted
pennsylvania
reversed
ground
revolver
seized
violation
fourth
amendment
held
order
get
car
issued
respondent
lawfully
detained
reasonable
thus
permissible
fourth
amendment
state
proffered
justification
order
officer
safety
legitimate
weighty
intrusion
respondent
personal
liberty
occasioned
order
mere
inconvenience
prevail
balanced
legitimate
concerns
officer
safety
standard
announced
terry
ohio
whether
facts
available
officer
moment
seizure
search
warrant
man
reasonable
caution
belief
action
taken
appropriate
officer
justified
making
search
bulge
respondent
jacket
observed
per
curiam
petitioner
commonwealth
seeks
review
judgment
pennsylvania
reversing
respondent
conviction
carrying
concealed
deadly
weapon
firearm
without
license
reversed
conviction
held
respondent
revolver
seized
manner
violated
fourth
amendment
constitution
disagree
conclusion
grant
commonwealth
petition
certiorari
reverse
judgment
pennsylvania
facts
dispute
routine
patrol
two
philadelphia
police
officers
observed
respondent
harry
mimms
driving
automobile
expired
license
plate
officers
stopped
vehicle
purpose
issuing
traffic
summons
one
officers
approached
asked
respondent
step
car
produce
owner
card
operator
license
respondent
alighted
whereupon
officer
noticed
large
bulge
respondent
sports
jacket
fearing
bulge
might
weapon
officer
frisked
respondent
discovered
waistband
revolver
loaded
five
rounds
ammunition
occupant
car
carrying
revolver
respondent
immediately
arrested
subsequently
indicted
carrying
concealed
deadly
weapon
unlawfully
carrying
firearm
without
license
motion
suppress
revolver
denied
trial
revolver
introduced
evidence
respondent
convicted
counts
previously
indicated
pennsylvania
reversed
respondent
conviction
however
holding
revolver
suppressed
seized
contrary
guarantees
contained
fourth
fourteenth
amendments
constitution
pennsylvania
doubt
officers
acted
reasonably
stopping
car
also
willing
assume
arguendo
limited
search
weapons
proper
officer
observed
bulge
respondent
coat
nonetheless
thought
search
constitutionally
infirm
officer
order
respondent
get
car
impermissible
seizure
officer
point
objective
observable
facts
support
suspicion
criminal
activity
afoot
occupants
vehicle
posed
threat
police
safety
since
unconstitutional
intrusion
led
directly
observance
bulge
subsequent
pat
revolver
fruit
unconstitutional
search
view
pennsylvania
suppressed
agree
conclusion
touchstone
analysis
fourth
amendment
always
reasonableness
circumstances
particular
governmental
invasion
citizen
personal
security
terry
ohio
reasonableness
course
depends
balance
public
interest
individual
right
personal
security
free
arbitrary
interference
law
officers
case
unlike
terry
ohio
question
propriety
initial
restrictions
respondent
freedom
movement
respondent
driving
automobile
expired
license
tags
violation
pennsylvania
motor
vehicle
code
deferring
moment
legality
frisk
bulge
observed
need
presently
deal
narrow
question
whether
order
get
car
issued
driver
lawfully
detained
reasonable
thus
permissible
fourth
amendment
inquiry
must
therefore
focus
intrusion
resulting
request
stop
vehicle
later
pat
incremental
intrusion
resulting
request
get
car
vehicle
lawfully
stopped
placing
question
narrowed
frame
look
first
side
balance
bears
officer
interest
taking
action
state
freely
concedes
officer
reason
suspect
foul
play
particular
driver
time
stop
nothing
unusual
suspicious
behavior
apparently
practice
order
drivers
vehicles
matter
course
whenever
stopped
traffic
violation
state
argues
practice
adopted
precautionary
measure
afford
degree
protection
officer
may
justified
ground
establishing
confrontation
diminishes
possibility
otherwise
substantial
driver
make
unobserved
movements
turn
reduces
likelihood
officer
victim
assault
think
plain
argument
state
proffered
justification
safety
officer
legitimate
weighty
certainly
unreasonable
require
police
officers
take
unnecessary
risks
performance
duties
terry
ohio
supra
specifically
recognized
inordinate
risk
confronting
officer
approaches
person
seated
automobile
according
one
study
approximately
police
shootings
occurred
police
officer
approached
suspect
seated
automobile
bristow
police
officer
shootings
tactical
evaluation
crim
adams
williams
aware
assaults
occur
issuing
traffic
summons
expressly
declined
accept
argument
traffic
violations
necessarily
involve
less
danger
officers
types
confrontations
robinson
indeed
appears
significant
percentage
murders
police
officers
occurs
officers
making
traffic
stops
hazard
accidental
injury
passing
traffic
officer
standing
driver
side
vehicle
may
also
appreciable
situations
rather
conversing
standing
exposed
moving
traffic
officer
prudently
may
prefer
ask
driver
vehicle
step
car
onto
shoulder
road
inquiry
may
pursued
greater
safety
important
interest
asked
weigh
intrusion
driver
personal
liberty
occasioned
initial
stop
vehicle
admittedly
justified
order
get
car
think
additional
intrusion
described
de
minimis
driver
asked
expose
view
little
person
already
exposed
police
already
lawfully
decided
driver
shall
briefly
detained
question
whether
shall
spend
period
sitting
driver
seat
car
standing
alongside
insistence
police
latter
choice
serious
intrusion
upon
sanctity
person
hardly
rises
level
petty
indignity
terry
ohio
supra
mere
inconvenience
prevail
balanced
legitimate
concerns
officer
safety
remains
second
question
propriety
search
bulge
jacket
observed
little
doubt
point
first
answer
controlled
terry
ohio
supra
case
thought
officer
justified
conducting
limited
search
weapons
reasonably
concluded
person
legitimately
stopped
might
armed
presently
dangerous
standard
enunciated
case
whether
facts
available
officer
moment
seizure
search
warrant
man
reasonable
caution
belief
action
taken
appropriate
little
question
officer
justified
bulge
jacket
permitted
officer
conclude
mimms
armed
thus
posed
serious
present
danger
safety
officer
circumstances
man
reasonable
caution
likely
conducted
pat
respondent
motion
proceed
forma
pauperis
granted
petition
writ
certiorari
granted
judgment
pennsylvania
reversed
case
remanded
proceedings
inconsistent
opinion
ordered
footnotes
note
brief
opposition
grant
certiorari
respondent
contends
case
moot
already
completed
maximum
sentence
imposed
case
argues
terminated
purposes
time
regardless
disposition
matter
see
pierre
cases
sibron
new
york
street
new
york
carafas
lavallee
ginsberg
new
york
bear
witness
fact
long
since
departed
rule
announced
pierre
supra
recent
cases
held
possibility
criminal
defendant
suffering
collateral
legal
consequences
sentence
already
served
permits
claims
reviewed
merits
prospect
state
visiting
collateral
consequences
criminal
defendant
served
sentence
sufficient
burden
enable
seek
reversal
decision
affirming
conviction
prospect
state
inability
impose
burden
following
reversal
conviction
criminal
defendant
courts
must
likewise
sufficient
enable
state
obtain
review
claims
merits
future
state
criminal
proceedings
respondent
conviction
may
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setting
bail
length
sentence
availability
probation
cons
stat
ann
purdon
supp
rule
crim
proc
view
fact
respondent
fully
served
state
sentence
presently
incarcerated
federal
penitentiary
lewisburg
say
considerations
unduly
speculative
even
determination
mootness
depended
analysis
operating
improperly
licensed
motor
vehicle
time
incident
covered
laws
found
stat
tit
purdon
repealed
laws
effective
july
offense
appears
covered
cons
stat
ann
purdon
state
need
go
far
suggest
officer
may
frisk
occupants
car
stopped
traffic
violation
rather
argues
permissible
order
driver
car
particular
case
argues
state
driver
alighted
officer
independent
reason
suspect
criminal
activity
present
danger
upon
basis
mere
fact
respondent
committed
traffic
violation
conducted
search
contrary
suggestion
dissent
brother
stevens
post
hold
today
whenever
officer
occasion
speak
driver
vehicle
may
also
order
driver
car
hold
motor
vehicle
lawfully
detained
traffic
violation
police
officers
may
order
driver
get
vehicle
without
violating
fourth
amendment
proscription
unreasonable
searches
seizures
justice
marshall
dissenting
join
brother
stevens
dissenting
opinion
write
separately
emphasize
extent
today
departs
teachings
tery
ohio
terry
policeman
detained
frisked
petitioner
years
patrolling
area
downtown
cleveland
incident
occurred
experience
led
watch
petitioner
companion
carefully
long
period
time
individually
repeatedly
looked
store
window
conferred
together
suspecting
two
men
might
casing
store
stickup
might
guns
officer
followed
walked
away
joined
third
man
earlier
conferred
point
officer
approached
men
asked
names
mumbled
something
response
officer
grabbed
petitioner
spun
around
face
two
patted
clothing
frisk
led
discovery
pistol
petitioner
subsequent
weapons
conviction
stop
frisk
terry
thus
justified
probability
crime
committed
also
crime
likely
involve
use
weapons
confined
holding
situations
officer
believes
persons
dealing
may
armed
presently
dangerous
fear
others
safety
situation
held
present
adams
williams
involved
person
reported
carrying
concealed
weapon
see
instant
case
officer
even
slightest
hint
prior
ordering
respondent
car
respondent
might
gun
notes
ante
officer
reason
suspect
foul
play
car
stopped
routine
police
procedures
issuance
summons
expired
license
plate
yet
holds
officer
made
routine
stop
justified
imposing
additional
intrusion
ordering
respondent
car
regardless
whether
individualized
reason
fear
respondent
result
explained
terry
limited
nature
intrusion
reference
reason
stop
held
officer
action
must
reasonably
related
scope
circumstances
justified
interference
first
place
terry
obvious
connection
emphasized
officer
suspicion
armed
robbery
planned
frisk
weapons
instant
case
circumstance
justified
interference
first
place
expired
license
plate
simply
relation
circumstance
order
step
car
institutional
aspects
decision
trouble
much
substantive
result
extends
terry
expressly
narrow
holding
see
solely
basis
certiorari
papers
process
summarily
reverses
considered
judgment
pennsylvania
highest
disposition
engender
respect
work
deciding
important
issue
reach
ing
case
barely
escapes
mootness
noted
justice
stevens
post
may
well
resolved
state
remand
event
simply
reinforces
view
institutional
well
doctrinal
damage
course
pursues
today
dissent
see
also
scope
search
must
strictly
tied
justified
circumstances
rendered
initiation
permissible
professor
ernest
brown
wrote
nearly
years
ago
ummary
reversal
certiorari
papers
appears
many
cases
raise
serious
question
whether
decision
without
hearing
usually
thought
due
judicial
tribunals
question
whether
pay
disproportionate
price
public
regard
defeats
counsel
reasonable
expectation
hearing
based
upon
rules
exercises
certiorari
jurisdiction
deal
problems
national
legal
significance
hardly
needs
demonstration
matters
warrant
hearing
merits
term
foreword
process
law
harv
rev
remand
pennsylvania
open
option
reaching
result
originally
reached
state
counterpart
fourth
amendment
pa
art
rather
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constitution
disposition
independent
adequate
state
ground
way
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decision
today
review
decision
nature
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generally
brennan
state
constitutions
protection
individual
rights
harv
rev
project
report
toward
activist
role
state
bills
rights
harv
civ
lib
rev
addition
respondent
conviction
may
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ground
entirely
unrelated
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issue
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prosecutor
questioned
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witness
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religious
affiliation
matter
raised
direct
examination
witness
two
concurring
justices
pennsylvania
contended
questioning
provided
independent
reason
reversing
respondent
conviction
pennsylvania
law
nix
joined
concurring
justice
stevens
justice
brennan
justice
marshall
join
dissenting
almost
years
ago
terry
ohio
held
probable
cause
required
justify
every
seizure
person
police
officer
case
decided
six
months
deliberation
following
full
argument
unusually
elaborate
briefing
approval
terry
lesser
standard
certain
limited
situations
represented
major
development
fourth
amendment
jurisprudence
today
without
argument
adopts
still
another
even
lesser
standard
justification
major
category
police
seizures
importantly
appears
abandon
central
teaching
fourth
amendment
jurisprudence
ordinarily
required
individualized
inquiry
particular
facts
justifying
every
police
intrusion
favor
general
rule
covering
countless
situations
disturbing
fact
important
innovation
announced
almost
casually
course
explaining
summary
reversal
decision
even
bother
review
since
mimms
already
served
sentence
importance
reinstating
conviction
minimal
best
even
pennsylvania
afforded
greater
protection
required
federal
constitution
conviction
may
invalid
state
law
moreover
pennsylvania
may
still
construe
constitution
prohibit
described
indiscriminate
procedure
ordering
traffic
offenders
vehicles
events
whatever
error
state
committed
affects
commonwealth
pennsylvania
decision
creates
conflict
requiring
resolution
national
level
cases
considerations
cause
us
deny
certiorari
doubt
legitimate
concern
safety
police
officers
throughout
nation
prompts
give
case
expeditious
treatment
share
concern
acutely
aware
almost
every
decision
holding
individual
fourth
amendment
rights
invaded
makes
law
enforcement
somewhat
difficult
hazardous
however
sufficient
reason
reach
decide
every
new
fourth
amendment
issue
promptly
possible
area
constitutional
adjudication
others
paramount
importance
benefit
differing
judicial
evaluations
issue
finally
resolved
nationwide
basis
case
illustrates
two
ways
haste
introduce
new
element
confusion
already
complex
set
rules
first
based
legal
ruling
factual
assumption
police
safety
dubious
best
second
created
entirely
new
legal
standard
justification
intrusions
liberty
citizen
without
attempt
differentiate
among
multitude
varying
situations
officer
may
approach
person
seated
automobile
characterizes
officer
risk
inordinate
basis
statement
according
one
study
approximately
police
shootings
occurred
police
officer
approached
suspect
seated
automobile
bristow
police
officer
shootings
tactical
evaluation
crim
adams
williams
ante
cases
location
suspect
shot
officer
verified
cases
suspect
seated
behind
wheel
car
figure
seems
include
cases
shooting
occurred
officer
opportunity
order
suspect
get
nine
cases
suspect
outside
car
talking
officer
shooting
occurred
figures
tell
us
little
risk
associated
routine
traffic
stop
lend
support
assumption
ordering
routine
traffic
offender
car
significantly
enhances
officer
safety
arguably
order
actually
aggravate
officer
danger
fear
search
might
cause
serious
offender
take
desperate
action
unnecessary
remained
vehicle
ticketed
whatever
reason
significant
experts
area
human
behavior
strongly
recommend
police
officer
never
allow
violator
get
car
obviously
purpose
express
opinion
safest
procedure
followed
making
traffic
arrests
imply
arresting
officer
faces
significant
hazard
even
apparently
routine
situation
submit
however
matter
hard
try
totally
eliminate
danger
associated
law
enforcement
adopting
nationwide
rule
give
consideration
infinite
variety
situations
today
holding
may
applied
seriously
believe
risk
arresting
officer
universal
safety
always
reasonable
justification
ordering
driver
car
commuter
way
home
dinner
parent
driving
children
school
tourist
circling
capitol
family
sunday
afternoon
outing
hardly
pose
threat
driver
curbed
chase
area
late
night
universally
true
driver
interest
remaining
car
negligible
woman
stopped
night
may
fear
safety
person
poor
health
may
object
standing
cold
rain
another
left
home
haste
drive
children
spouse
school
train
may
fully
dressed
elderly
driver
presents
possible
threat
violence
may
regard
police
command
nothing
arrogant
unnecessary
display
authority
whether
viewed
standpoint
officer
interest
safety
citizen
interest
required
obey
arbitrary
command
perfectly
obvious
millions
traffic
stops
occur
every
year
fungible
today
law
applicable
seizures
person
required
individualized
inquiry
reason
intrusion
comparable
guarantee
arbitrary
harassment
factual
demonstration
probable
cause
required
justify
arrest
articulable
reason
suspect
criminal
activity
possible
violence
needed
justify
stop
frisk
eliminate
requirement
officer
able
explain
reasons
actions
signals
abandonment
effective
judicial
supervision
kind
seizure
leaves
police
discretion
utterly
without
limits
citizens
subjected
minor
indignity
others
perhaps
expensive
cars
different
bumper
stickers
skin
may
escape
entirely
holds
today
seizures
may
imposed
without
reason
large
class
seizures
may
become
yet
know
narrowly
simply
held
whenever
officer
occasion
speak
driver
vehicle
may
also
order
driver
car
balance
convenience
danger
different
passengers
stopped
cars
logic
necessarily
encompasses
passenger
true
even
though
passenger
committed
traffic
offense
rule
limited
situations
individualized
inquiry
identified
basis
concern
particular
cases
character
violation
might
justify
different
treatment
driver
passenger
justification
rests
nothing
assumption
danger
associated
every
stop
matter
trivial
offense
new
rule
must
apply
passenger
well
driver
new
rule
truly
predicated
safety
rationale
rather
desire
permit
pretextual
searches
also
justify
frisk
weapons
least
order
directing
driver
lean
hood
car
legs
arms
spread
unless
precautionary
measures
also
taken
added
safety
driver
car
value
truly
dangerous
offender
happens
caught
yet
persuaded
interest
police
safety
requires
adoption
standard
lenient
permitted
terry
ohio
case
offense
might
well
gone
undetected
respondent
ordered
car
reason
assume
otherwise
shot
officer
indeed
showing
aware
terry
standard
provide
police
sufficient
basis
take
appropriate
protective
measures
whenever
real
basis
concern
concern
exist
able
frisk
violator
question
need
eliminate
requirement
articulable
justification
case
authorize
indiscriminate
invasion
liberty
every
citizen
stopped
traffic
violation
matter
petty
even
pennsylvania
committed
error
sufficient
justification
exercise
discretionary
power
grant
review
summary
disposition
novel
constitutional
question
kind
disposition
gives
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risk
error
creates
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impression
interested
upholding
power
state
vindicating
individual
rights
idaho
dept
employment
smith
ante
stevens
dissenting
part
respectfully
dissent
grant
certiorari
decision
merits
without
full
argument
briefing
briefs
amici
curiae
urging
reversal
filed
jack
greenberg
james
nabrit
iii
michael
meltsner
melvyn
zarr
anthony
amsterdam
naacp
legal
defense
educational
fund
bernard
berkman
melvin
wulf
alan
levine
american
civil
liberties
union
et
al
briefs
amici
curiae
urging
affirmance
filed
solicitor
general
griswold
assistant
attorney
general
vinson
ralph
spritzer
beatrice
rosenberg
mervyn
hamburg
louis
lefkowitz
pro
se
samuel
hirshowitz
first
assistant
attorney
general
maria
marcus
brenda
soloff
assistant
attorneys
general
attorney
general
new
york
charles
moylan
evelle
younger
harry
wood
national
district
attorneys
assn
james
thompson
americans
effective
law
enforcement
see
dispute
ordering
mimms
car
seizure
seizure
occurs
whenever
officer
means
physical
force
show
authority
way
restrain
liberty
citizen
see
also
adams
williams
terry
made
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reasonableness
search
determined
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facts
case
justifying
particular
intrusion
police
officer
must
able
point
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facts
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together
rational
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facts
reasonably
warrant
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demand
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information
upon
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predicated
central
teaching
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jurisprudence
citing
long
list
authorities
reasons
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case
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certiorari
denied
two
members
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testimony
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muslim
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driver
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