Terry v. Ohio Legal Case Brief Research Papers discuss the primary constitutional issue of the case which involves the activities of police in the context of a stop and frisk which was a violation of the Fourth Amendment.
In Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court created an exception to probable cause doctrine by allowing police to engage in the practice of temporarily detaining individuals for investigative stops and allowing protective frisking of individuals under limited circumstances.
The primary constitutional issue in Terry v. Ohio was whether the activities of police in the context of a stop and frisk was a violation of the Fourth Amendment that would prevent the introduction of any evidence seized in such activity at trail by operation of the exclusionary rule. While the Constitution itself provides protection against unreasonable search and seizure, it offers no guidance as to the remedy that should be employed when a police official or other representative of the government oversteps the boundaries delineated in the constitution. In addition, the Constitution itself offers no guidance as to the standards that should be employed when determining if there has been a violation of constitutional principles, which have led the courts to develop standards.