terry
ohio
argued
december
decided
june
cleveland
detective
mcfadden
downtown
beat
patrolling
many
years
observed
two
strangers
petitioner
another
man
chilton
street
corner
saw
proceed
alternately
back
forth
along
identical
route
pausing
stare
store
window
total
times
completion
route
followed
conference
two
corner
one
joined
third
man
katz
left
swiftly
suspecting
two
men
casing
job
officer
followed
saw
rejoin
third
man
couple
blocks
away
front
store
officer
approached
three
identified
policeman
asked
names
men
mumbled
something
whereupon
mcfadden
spun
petitioner
around
patted
outside
clothing
found
overcoat
pocket
unable
remove
pistol
officer
ordered
three
store
removed
petitioner
overcoat
took
revolver
ordered
three
face
wall
hands
raised
patted
outer
clothing
chilton
katz
seized
revolver
chilton
outside
overcoat
pocket
put
hands
outer
garments
katz
since
discovered
nothing
might
weapon
petitioner
chilton
outer
garments
felt
guns
three
taken
police
station
petitioner
chilton
charged
carrying
concealed
weapons
defense
moved
suppress
weapons
though
trial
rejected
prosecution
theory
guns
seized
search
incident
lawful
arrest
denied
motion
suppress
admitted
weapons
evidence
ground
officer
cause
believe
petitioner
chilton
acting
suspiciously
interrogation
warranted
officer
protection
right
pat
outer
clothing
reasonable
cause
believe
might
armed
distinguished
investigatory
stop
arrest
frisk
outer
clothing
weapons
search
evidence
crime
petitioner
chilton
found
guilty
intermediate
appellate
affirmed
state
dismissed
appeal
ground
substantial
constitutional
question
involved
held
fourth
amendment
right
unreasonable
searches
seizures
made
applicable
fourteenth
amendment
protects
people
places
therefore
applies
much
citizen
streets
well
home
elsewhere
pp
issue
case
abstract
propriety
police
conduct
admissibility
petitioner
evidence
uncovered
search
seizure
exclusionary
rule
properly
invoked
exclude
products
legitimate
restrained
police
investigative
techniques
approval
techniques
discourage
remedies
exclusionary
rule
curtail
police
abuses
effective
sanction
pp
fourth
amendment
applies
stop
frisk
procedures
followed
pp
whenever
police
officer
accosts
individual
restrains
freedom
walk
away
seized
person
within
meaning
fourth
amendment
careful
exploration
outer
surfaces
person
clothing
attempt
find
weapons
search
amendment
reasonably
prudent
officer
warranted
circumstances
given
case
believing
safety
others
endangered
may
make
reasonable
search
weapons
person
believed
armed
dangerous
regardless
whether
probable
cause
arrest
individual
crime
absolute
certainty
individual
armed
pp
though
police
must
whenever
practicable
secure
warrant
make
search
seizure
procedure
followed
swift
action
based
upon
observations
officer
beat
required
reasonableness
particular
search
seizure
must
assessed
light
particular
circumstances
standard
whether
man
reasonable
caution
warranted
believing
action
taken
appropriate
pp
officer
performing
legitimate
function
investigating
suspicious
conduct
decided
approach
petitioner
companions
officer
justified
believing
individual
whose
suspicious
behavior
investigating
close
range
armed
may
neutralize
threat
physical
harm
take
necessary
measures
determine
whether
person
carrying
weapon
search
weapons
absence
probable
cause
arrest
must
strictly
circumscribed
exigencies
situation
pp
officer
may
make
intrusion
short
arrest
reasonable
apprehension
danger
possessed
information
justifying
arrest
pp
officer
protective
seizure
petitioner
companions
limited
search
made
reasonable
inception
conducted
pp
actions
petitioner
companions
consistent
officer
hypothesis
contemplating
daylight
robbery
armed
officer
search
confined
minimally
necessary
determine
whether
men
armed
intrusion
made
sole
purpose
protecting
others
nearby
confined
ascertaining
presence
weapons
pp
revolver
seized
petitioner
properly
admitted
evidence
since
search
led
seizure
reasonable
fourth
amendment
pp
louis
stokes
argued
cause
petitioner
brief
jack
day
reuben
payne
argued
cause
respondent
brief
john
corrigan
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
james
thompson
americans
effective
law
enforcement
chief
justice
warren
delivered
opinion
case
presents
serious
questions
concerning
role
fourth
amendment
confrontation
street
citizen
policeman
investigating
suspicious
circumstances
petitioner
terry
convicted
carrying
concealed
weapon
sentenced
statutorily
prescribed
term
one
three
years
penitentiary
following
denial
pretrial
motion
suppress
prosecution
introduced
evidence
two
revolvers
number
bullets
seized
terry
codefendant
richard
chilton
cleveland
police
detective
martin
mcfadden
hearing
motion
suppress
evidence
officer
mcfadden
testified
patrolling
plain
clothes
downtown
cleveland
approximately
afternoon
october
attention
attracted
two
men
chilton
terry
standing
corner
huron
road
euclid
avenue
never
seen
two
men
unable
say
precisely
first
drew
eye
however
testified
policeman
years
detective
assigned
patrol
vicinity
downtown
cleveland
shoplifters
pickpockets
years
explained
developed
routine
habits
observation
years
stand
watch
people
walk
watch
people
many
intervals
day
added
case
looked
look
right
time
interest
aroused
officer
mcfadden
took
post
observation
entrance
store
feet
away
two
men
get
purpose
watch
seen
movements
testified
saw
one
men
leave
one
walk
southwest
huron
road
past
stores
man
paused
moment
looked
store
window
walked
short
distance
turned
around
walked
back
toward
corner
pausing
look
store
window
rejoined
companion
corner
two
conferred
briefly
second
man
went
series
motions
strolling
huron
road
looking
window
walking
short
distance
turning
back
peering
store
window
returning
confer
first
man
corner
two
men
repeated
ritual
alternately
five
six
times
apiece
roughly
dozen
trips
one
point
two
standing
together
corner
third
man
approached
engaged
briefly
conversation
man
left
two
others
walked
west
euclid
avenue
chilton
terry
resumed
measured
pacing
peering
conferring
gone
minutes
two
men
walked
together
heading
west
euclid
avenue
following
path
taken
earlier
third
man
time
officer
mcfadden
become
thoroughly
suspicious
testified
observing
elaborately
casual
reconnaissance
store
window
huron
road
suspected
two
men
casing
job
considered
duty
police
officer
investigate
added
feared
may
gun
thus
officer
mcfadden
followed
chilton
terry
saw
stop
front
zucker
store
talk
man
conferred
earlier
street
corner
deciding
situation
ripe
direct
action
officer
mcfadden
approached
three
men
identified
police
officer
asked
names
point
knowledge
confined
observed
acquainted
three
men
name
sight
received
information
concerning
source
men
mumbled
something
response
inquiries
officer
mcfadden
grabbed
petitioner
terry
spun
around
facing
two
terry
mcfadden
others
patted
outside
clothing
left
breast
pocket
terry
overcoat
officer
mcfadden
felt
pistol
reached
inside
overcoat
pocket
unable
remove
gun
point
keeping
terry
others
officer
ordered
three
men
enter
zucker
store
went
removed
terry
overcoat
completely
removed
revolver
pocket
ordered
three
men
face
wall
hands
raised
officer
mcfadden
proceeded
pat
outer
clothing
chilton
third
man
katz
discovered
another
revolver
outer
pocket
chilton
overcoat
weapons
found
katz
officer
testified
patted
men
see
whether
weapons
put
hands
beneath
outer
garments
either
terry
chilton
felt
guns
far
appears
record
never
placed
hands
beneath
katz
outer
garments
officer
mcfadden
seized
chilton
gun
asked
proprietor
store
call
police
wagon
took
three
men
station
chilton
terry
formally
charged
carrying
concealed
weapons
motion
suppress
guns
prosecution
took
position
seized
following
search
incident
lawful
arrest
trial
rejected
theory
stating
stretching
facts
beyond
reasonable
comprehension
find
officer
mcfadden
probable
cause
arrest
men
patted
weapons
however
denied
defendants
motion
ground
officer
mcfadden
basis
experience
reasonable
cause
believe
defendants
conducting
suspiciously
interrogation
made
action
purely
protection
held
officer
right
pat
outer
clothing
men
reasonable
cause
believe
might
armed
distinguished
investigatory
stop
arrest
frisk
outer
clothing
weapons
search
evidence
crime
frisk
held
essential
proper
performance
officer
investigatory
duties
without
answer
police
officer
may
bullet
loaded
pistol
discovered
frisk
admissible
denied
motion
suppress
chilton
terry
waived
jury
trial
pleaded
guilty
adjudged
guilty
appeals
eighth
judicial
district
cuyahoga
county
affirmed
state
terry
ohio
app
ohio
dismissed
appeal
ground
substantial
constitutional
question
involved
granted
certiorari
determine
whether
admission
revolvers
evidence
violated
petitioner
rights
fourth
amendment
made
applicable
fourteenth
mapp
ohio
affirm
conviction
right
held
sacred
carefully
guarded
common
law
right
every
individual
possession
control
person
free
restraint
interference
others
unless
clear
unquestionable
authority
law
union
pac
botsford
less
candid
acknowledge
question
thrusts
fore
difficult
troublesome
issues
regarding
sensitive
area
police
activity
issues
never
squarely
presented
reflective
tensions
involved
practical
constitutional
arguments
pressed
great
vigor
sides
public
debate
power
police
stop
frisk
sometimes
euphemistically
termed
suspicious
persons
one
hand
frequently
argued
dealing
rapidly
unfolding
often
dangerous
situations
city
streets
police
need
escalating
set
flexible
responses
graduated
relation
amount
information
possess
purpose
urged
distinctions
made
stop
arrest
seizure
person
frisk
search
thus
argued
police
allowed
stop
person
detain
briefly
questioning
upon
suspicion
may
connected
criminal
activity
upon
suspicion
person
may
armed
police
power
frisk
weapons
stop
frisk
give
rise
probable
cause
believe
suspect
committed
crime
police
empowered
make
formal
arrest
full
incident
search
person
scheme
justified
part
upon
notion
stop
frisk
amount
mere
minor
inconvenience
petty
indignity
properly
imposed
upon
citizen
interest
effective
law
enforcement
basis
police
officer
suspicion
side
argument
made
authority
police
must
strictly
circumscribed
law
arrest
search
developed
date
traditional
jurisprudence
fourth
amendment
contended
force
variety
police
activity
depend
solely
upon
voluntary
cooperation
citizen
yet
stops
short
arrest
based
upon
probable
cause
make
arrest
heart
fourth
amendment
argument
runs
severe
requirement
specific
justification
intrusion
upon
protected
personal
security
coupled
highly
developed
system
judicial
controls
enforce
upon
agents
state
commands
constitution
acquiescence
courts
compulsion
inherent
field
interrogation
practices
issue
urged
constitute
abdication
judicial
control
indeed
encouragement
substantial
interference
liberty
personal
security
police
officers
whose
judgment
necessarily
colored
primary
involvement
often
competitive
enterprise
ferreting
crime
johnson
argued
serve
exacerbate
tensions
crowded
centers
nation
cities
context
approach
issues
case
mindful
limitations
judicial
function
controlling
myriad
daily
situations
policemen
citizens
confront
street
state
characterized
issue
right
police
officer
make
stop
interrogate
pat
weapons
known
street
vernacular
stop
frisk
partly
accurate
issue
abstract
propriety
police
conduct
admissibility
petitioner
evidence
uncovered
search
seizure
ever
since
inception
rule
excluding
evidence
seized
violation
fourth
amendment
recognized
principal
mode
discouraging
lawless
police
conduct
see
weeks
thus
major
thrust
deterrent
one
see
linkletter
walker
experience
taught
effective
deterrent
police
misconduct
criminal
context
without
constitutional
guarantee
unreasonable
searches
seizures
mere
form
words
mapp
ohio
rule
also
serves
another
vital
function
imperative
judicial
integrity
elkins
courts
sit
constitution
made
party
lawless
invasions
constitutional
rights
citizens
permitting
unhindered
governmental
use
fruits
invasions
thus
system
evidentiary
rulings
provide
context
judicial
process
inclusion
exclusion
approves
conduct
comporting
constitutional
guarantees
disapproves
actions
state
agents
ruling
admitting
evidence
criminal
trial
recognize
necessary
effect
legitimizing
conduct
produced
evidence
application
exclusionary
rule
withholds
constitutional
imprimatur
exclusionary
rule
limitations
however
tool
judicial
control
properly
invoked
exclude
products
legitimate
police
investigative
techniques
ground
much
conduct
closely
similar
involves
unwarranted
intrusions
upon
constitutional
protections
moreover
contexts
rule
ineffective
deterrent
street
encounters
citizens
police
officers
incredibly
rich
diversity
range
wholly
friendly
exchanges
pleasantries
mutually
useful
information
hostile
confrontations
armed
men
involving
arrests
injuries
loss
life
moreover
hostile
confrontations
piece
begin
friendly
enough
manner
take
different
turn
upon
injection
unexpected
element
conversation
encounters
initiated
police
wide
variety
purposes
wholly
unrelated
desire
prosecute
crime
doubtless
police
field
interrogation
conduct
violates
fourth
amendment
stern
refusal
condone
activity
necessarily
render
responsive
exclusionary
rule
regardless
effective
rule
may
obtaining
convictions
important
objective
police
powerless
deter
invasions
constitutionally
guaranteed
rights
police
either
interest
prosecuting
willing
forgo
successful
prosecution
interest
serving
goal
proper
adjudication
cases
exclusionary
rule
invoked
demands
constant
awareness
limitations
wholesale
harassment
certain
elements
police
community
minority
groups
particularly
negroes
frequently
complain
stopped
exclusion
evidence
criminal
trial
yet
rigid
unthinking
application
exclusionary
rule
futile
protest
practices
never
used
effectively
control
may
exact
high
toll
human
injury
frustration
efforts
prevent
crime
judicial
opinion
comprehend
protean
variety
street
encounter
judge
facts
case
us
nothing
say
today
taken
indicating
approval
police
conduct
outside
legitimate
investigative
sphere
decision
courts
still
retain
traditional
responsibility
guard
police
conduct
overbearing
harassing
trenches
upon
personal
security
without
objective
evidentiary
justification
constitution
requires
conduct
identified
must
condemned
judiciary
fruits
must
excluded
evidence
criminal
trials
course
approval
legitimate
restrained
investigative
conduct
undertaken
basis
ample
factual
justification
way
discourage
employment
remedies
exclusionary
rule
curtail
abuses
sanction
may
prove
inappropriate
thus
roughly
sketched
perimeters
constitutional
debate
limits
police
investigative
conduct
general
background
case
presents
turn
attention
quite
narrow
question
posed
facts
us
whether
always
unreasonable
policeman
seize
person
subject
limited
search
weapons
unless
probable
cause
arrest
given
narrowness
question
occasion
canvass
detail
constitutional
limitations
upon
scope
policeman
power
confronts
citizen
without
probable
cause
arrest
ii
danger
logic
proceeds
upon
distinctions
stop
arrest
seizure
person
frisk
search
seeks
isolate
constitutional
scrutiny
initial
stages
contact
policeman
citizen
suggesting
rigid
model
justification
regulation
amendment
obscures
utility
limitations
upon
scope
well
initiation
police
action
means
constitutional
regulation
held
past
search
reasonable
inception
may
violate
fourth
amendment
virtue
intolerable
intensity
scope
kremen
importing
see
di
scope
search
must
strictly
tied
justified
circumstances
rendered
initiation
permissible
warden
hayden
justice
fortas
concurring
see
preston
agnello
distinctions
classical
theory
thus
serve
divert
attention
central
inquiry
fourth
amendment
reasonableness
circumstances
particular
governmental
invasion
citizen
personal
security
search
seizure
talismans
therefore
reject
notions
fourth
amendment
come
play
limitation
upon
police
conduct
officers
stop
short
something
called
technical
arrest
search
case
question
officer
mcfadden
seized
petitioner
subjected
search
took
hold
patted
outer
surfaces
clothing
must
decide
whether
point
reasonable
officer
mcfadden
interfered
petitioner
personal
security
determining
whether
seizure
search
unreasonable
inquiry
dual
one
whether
officer
action
justified
inception
whether
reasonably
related
scope
circumstances
justified
interference
first
place
iii
nonetheless
notions
underlie
warrant
procedure
requirement
probable
cause
remain
fully
relevant
context
order
assess
reasonableness
officer
mcfadden
conduct
general
proposition
necessary
first
focus
upon
governmental
interest
allegedly
justifies
official
intrusion
upon
constitutionally
protected
interests
private
citizen
ready
test
determining
reasonableness
balancing
need
search
seize
invasion
search
seizure
entails
camara
municipal
justifying
particular
intrusion
police
officer
must
able
point
specific
articulable
facts
taken
together
rational
inferences
facts
reasonably
warrant
intrusion
scheme
fourth
amendment
becomes
meaningful
assured
point
conduct
charged
enforcing
laws
subjected
detached
neutral
scrutiny
judge
must
evaluate
reasonableness
particular
search
seizure
light
particular
circumstances
making
assessment
imperative
facts
judged
objective
standard
facts
available
officer
moment
seizure
search
warrant
man
reasonable
caution
belief
action
taken
appropriate
cf
carroll
beck
ohio
anything
less
invite
intrusions
upon
constitutionally
guaranteed
rights
based
nothing
substantial
inarticulate
hunches
result
consistently
refused
sanction
see
beck
ohio
supra
rios
henry
simple
good
faith
part
arresting
officer
enough
subjective
good
faith
alone
test
protections
fourth
amendment
evaporate
people
secure
persons
houses
papers
effects
discretion
police
beck
ohio
supra
applying
principles
case
consider
first
nature
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footnotes
terry
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arrested
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specificity
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upon
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action
predicated
central
teaching
fourth
amendment
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see
beck
ohio
ker
california
wong
sun
rios
henry
draper
brinegar
johnson
di
husty
dumbra
carroll
stacey
emery
see
katz
berger
new
york
johnson
cf
wong
sun
see
also
aguilar
texas
see
also
cases
cited
supra
law
enforcement
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terry
name
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affirm
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believe
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relies
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present
facts
officer
mcfadden
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terry
freedom
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arose
circumstances
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encounter
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effort
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investigate
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forced
encounter
justified
however
officer
right
take
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measures
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automatically
upon
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premises
join
opinion
justice
white
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reserving
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remarks
scope
purpose
exclusionary
rule
fashioned
process
enforcing
fourth
amendment
also
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puts
matter
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context
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word
order
concerning
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investigative
stop
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constitution
prevents
policeman
addressing
questions
anyone
streets
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special
circumstances
person
approached
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may
refuse
cooperate
go
way
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given
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circumstances
case
seems
person
may
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stopped
obliged
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arrest
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alert
officer
need
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view
temporary
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perhaps
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process
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agree
petitioner
seized
within
meaning
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amendment
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frisking
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companions
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mystery
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seizure
constitutional
fourth
amendment
standards
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process
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hold
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police
greater
authority
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authorize
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precisely
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police
officers
today
permitted
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cause
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general
warrant
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police
control
took
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judicial
control
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showing
probable
cause
magistrate
required
philosophy
rebelling
practices
later
reflected
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amendment
early
american
decisions
immediately
adoption
show
common
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even
strong
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suspect
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day
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cause
strictly
enforced
standard
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probable
cause
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turns
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limits
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search
must
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probable
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immunity
officers
fairly
enlarged
without
jeopardizing
privacy
security
citizen
give
police
greater
power
magistrate
take
long
step
totalitarian
path
perhaps
step
desirable
cope
modern
forms
lawlessness
taken
deliberate
choice
people
constitutional
amendment
fourth
amendment
closely
allied
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rewritten
person
effects
individual
beyond
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government
agencies
reasonable
grounds
believe
probable
cause
criminal
venture
launched
launched
powerful
hydraulic
pressures
throughout
history
bear
heavily
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constitutional
guarantees
give
police
upper
hand
hydraulic
pressure
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today
yet
individual
longer
sovereign
police
pick
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like
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seize
search
discretion
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new
regime
decision
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made
full
debate
people
country
meaning
probable
cause
developed
cases
officer
reasonable
grounds
believe
crime
committed
see
thompson
wall
stacey
emery
director
general
kastenbaum
carroll
di
brinegar
draper
henry
cases
course
officer
may
make
arrest
results
charging
individual
commission
crime
arresting
persons
already
committed
crimes
important
task
law
enforcement
equally
important
function
crime
prevention
deterrence
criminals
war
constitution
common
sense
mapp
ohio
police
officers
need
wait
see
person
actually
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able
seize
person
respect
constitutional
system
personal
liberty
demands
return
however
seizure
made
upon
probable
cause
ohio
rev
code
always
used
language
probable
cause
determining
constitutionality
arrest
without
warrant
see
carroll
johnson
mcdonald
henry
wong
sun
give
power
police
seize
person
grounds
different
less
probable
cause
handing
authority
exercised
magistrate
issuing
warrant
seize
person
stated
wong
sun
respect
requirements
arrests
without
warrants
whether
requirements
reliability
particularity
information
officer
may
act
stringent
arrest
warrant
absent
surely
less
stringent
arrest
warrant
obtained
said
brinegar
standards
probable
cause
seek
safeguard
citizens
rash
unreasonable
interferences
privacy
unfounded
charges
crime
also
seek
give
fair
leeway
enforcing
law
community
protection
many
situations
confront
officers
course
executing
duties
less
ambiguous
room
must
allowed
mistakes
part
mistakes
must
reasonable
men
acting
facts
leading
sensibly
conclusions
probability
rule
probable
cause
practical
nontechnical
conception
affording
best
compromise
found
accommodating
often
opposing
interests
requiring
unduly
hamper
law
enforcement
allow
less
leave
citizens
mercy
officers
whim
caprice
see
boyd
unreasonable
searches
seizures
condemned
fourth
amendment
almost
always
made
purpose
compelling
man
give
evidence
criminal
cases
condemned
fifth
amendment
compelling
man
criminal
case
witness
condemned
fifth
amendment
throws
light
question
unreasonable
search
seizure
within
meaning
fourth
amendment