TERRY VS. OHIO 2
Case Brief of Terry Vs. Ohio, 392 U.S. 1 (1968) Stop and Frisk
Facts and procedural history
McFadden, who worked as a detective while working on a downtown beat, which he had
been working on for several years spotted two, Clinton and Terry who was the petitioner in this
case. Terry and Clinton were strangers in the neighborhood who was standing at the along the
street corner. Once Terry and Clinton were spotted by McFadden, they took alternate ways and
passed in front of a store later stopped and looked into the store through the window. McFadden,
who was keen on observing the two men observed the suspects looking into the store for 24
times and each time, the activity was followed by a conversation between the two. The two
suspects were later joined by a third party, Katz, who later left quickly after just a brief
appearance in the scene. McFadden suspected that the trio was up to something and walked
towards them and introduced himself as a peace officer. McFadden asked for the names of the
suspects, but they ended up mumbling, which made the detective initiate a frisk on them, an
activity that led to realizing that Terry had a pistol in his overcoat. He later ordered suspects to
get into the store, where he removed the coat of the petitioner and searched all of them later
seized the pistol of the petitioner. Additionally, he ordered the suspects to face a different
direction and face the wall while raising their hands in the air as the search continued. It is at this
point when McFadden found that Clinton too had a pistol outside his overcoat. The trio was later
taken to the police station and charged with being in possession of concealed weapons. However,
in their defense, they suppressed the weapons, arguing that the frisk by McFadden was carried
out in violation of the right against unreasonable seizures and searches in line with the provisions
of the Fourth Amendments. A court in Ohio convicted the trio with carrying weapons that were
