Criminal Law

03/05/2012 vile Procedure 2 Professor Huguette K. Williams Case scheme Criminal Procedures 2 Case: terrycloth v. Ohio 392 U.S. 1 88 S. Ct. 1868; 20 L. Ed. 2d 889 (1968) Facts: The case stemmed from an incident in Cleveland, Ohio, on October 31,1963. law force officer Martin McFadden observed deuce-ace workforce engaging in suspicious behavior scraggy the corner of 1276 Euclid Avenue and Huron Road. adept of the suspects was the defendant, John Terry. Along with co-defendant Richard Chilton and a third man, cognise only as Katz, Terry was seen pacing in face up of a business district come in. Occasionally, the men would pause to confer with distributively other. more of cristal, McFadden witnessed the men peering into the gunstocks front window. Over a period of ten to twelve minutes, the three men looked into the same store window approximately 24 times. Based on his education as an officer and 39 years of experience on the police force, including 35 as a detective, McFadden believed that the suspects were casing the store for a robbery. Attempting to forestall a possible robbery, McFadden approached the three men and determine himself as a police officer. Not beingness old(prenominal) with any of the suspects, McFadden asked for their names.

When the men mumbled unintelligibly in response, McFadden grabbed Terry, quick patted low his over come out, and discovered a .38-caliber six-shooter. After removing the pistol from Terrys coat pocket, McFadden patted down the other two suspects, finding a nonher revolver in Chiltons overcoat. Katz was not armed. Terry and Chilton were charged with carrying conc! eal weapons upshot: The first issue is whether the Fourth Amendment protects people against anomalous searches and seizures, and where this tower can be applied. The second issue is whether or not the evidence that was seized can be used against the petitioner, out-of-pocket to the truth of the seizure. Also, whether the exclusionary rule would go into effect, based upon the facts presented by the defense team as to whether or...If you want to get a full essay, stage it on our website: OrderCustomPaper.com

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