Landmark
Cases Study
Terry
V Ohio 1968
- Briefly explain the circumstances of the case. What happened in this case?
This case was argued in Warren Court, in
Ohio. Three men, including Terry were observed by a plain clothes officer, as
they were standing on the corner. The officer in question felt the men were
“casing” the place. Two of the men were carrying weapons. Terry was convicted
of carrying a concealed weapon and sentenced to three years in jail.
Arguments for this case started on
December 12, 167 and ended on June 10, 1968. The citation was 392 US 1 in 1968.
- Identify the controversy involved in the case. What was the issue the Supreme Court needed to resolve?
The issue that needed resolved in the case
was the fact that the search and seizure was a violation of the fourth
amendment. The Supreme Court Judges needed to resolve their issues and decide
if they felt it was in fact a violation of the amendment or not, and if they
too felt it went against anyone’s rights.
It was also the fact that it was/is a
simple violation of the fifth amendment as well, because the defendants were
also denied their rights of silence, and to say no. Therefore, the Supreme
Court also has to decide if they also feel that that right was violated as
well.
- Identify which amendment(s) were involved in this case and explain. (In other words, don't just say, "This was a Fourth Amendment case" or "This was a Fifth Amendment case." Explain why you believe that to be true.)
As you stated, this was and is a fourth
amendment case, because the Criminals, including Terry were standing there,
doing nothing. Yes, they were, or could’ve been “casing” the place. Now we will
never know will we?! But the officer simply went over and assumed, and ask them
to empty their pockets and shown them his identification as an officer of the
law.
Not to mention, as the right to plead the
fifth in the said amendment, and to deny the suspect the right of silence, and
the right of saying no, in the first place, was also another violation plain
and simple.
Simply because you are an officer of the
law, and the way three people look, doesn’t give you the right, to assume, and
presume they are in fact guilty. You also are not above the law, as a Policeman
or woman, and cannot go above the law and disobey what our forefathers have
written. What is law, is law. Standing there look guilty in your eyes, may not
look guilty in mine. And you cannot judge a book by its cover. There is no
crime in looking guilty, and what have we always said about assuming?
- Describe the outcome of the case and summarize the Supreme Court's reasoning for its decision.
The
Supreme Court decision was a simple eight to one. The Judges, minus Douglas-
felt that the Officer acted on more than a hunch.
They felt it was not a violation of the
fourth amendment, because the Officer could’ve been in danger, especially if he
would’ve just went over and just speculated and spoke,
“Hello. I’m officer so and so. What are
you guys doing?”
If he would’ve not asked for them to
produce their weapons, or empty their pockets, and what they were doing, these
people, could’ve hurt the Officer in question. So prudent to the Officer’s
safety, they ruled in favor of him.
What would I have ruled?
I would not have ruled in favor of the
Search and seizure law, rule. My husband says he would have. I beg to differ,
because I stand, or at least try to stand by my amendments as much as possible.
Our forefathers would not have created them if they didn’t think we needed
them. Although, the amendments will and should be updated with the times as the
times do change, but that does not mean the amendments should be abolished
and/or ignored. A law is a law, if we cannot adhere to them, no matter what
size they are, than what kind of example are we setting to the future?!
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How does this case relate to the stop and frisk issue?
The stop and frisk issue, also referenced
as the “Stop and Frisk Law” and the “Terry Law” in New York, because it was
implemented to keep the streets safer, ever since 9-11. Because of the terrorist’s
attacks on our beautiful country, and mainly focusing on New York, their state
has put forth even stronger things to keep themselves safe. Not to mention,
that New York does have a high crime rate itself.
The stop and frisk issue / law, is where
the Officers are allowed to question, and stop and frisk people walking down
the streets of New York.
Many tourists travel through New York
daily, it is where they get sworn in as legal Americans, it is a tourist
attraction, Actors and Actresses go there often. And now it is a big place for
the terrorists to decide to attack, because of everything we have there, and
how badly it can hurt the USA. So, yes, New York has implemented many things to
protect themselves, and us.
The stop and frisk issue / law, is exactly
like the Terry case, that is why they reference it as such. It allows the
Police to stop people on the streets and frisk them, and check out what they
are carrying, and up to. Safety is the goal here.
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Briefly
describe how a sixteen-year-old juvenile who was stopped, frisked, and arrested
would be handled by the police and court as his or her case is processed. Pay
particular attention to the "language" of the system.
Dashielle
was stopped and frisked, and of course arrested because she carrying a bag of
what she thought was weed. The officer arresting her, (Donna) wanted to teach
her a lesson, thinking she would teach Dash a lesson, because obviously this
was her first time, and maybe she could lead the Department to someone else,
someone who is also distributing “Oregano” as pot. Dash, plead the fifth, and
shook like a leaf, and even cried. Donna, was not very mean and forceful, she was literally trying to teach
her version of “the scared straight program.” Dash was co-operative, all except
for the talking part. She had been standing there on the side of the road, but
because of what she had in her possession, she wasn’t sure where to go with it.
So she was busy in thought, when Donna had seen her standing there. Dash didn’t
realize she had been standing there for thirty minutes, perfectly still, which
is what made Donna curious.
Donna
didn’t really think much of it at first, but when she went over to Dashielle,
she started shaking like a leaf, in fear. So Donna instantly jumped into cop
mode, and ask her to empty her pockets. Dash held out her alleged pot and said
“Here take it! I don’t want it anyway!” And that was it. Donna knew she had a
kid who was experimenting.
The Judge
read the case notes, and spoke with Donna, and understood everything that was
going on. Together they worked out what they hoped would help, agreeing to
never inform Dashielle that that she had bought oregano. They didn’t want to
make her feel any worse than she already did. But they did want to get her
help. They were also quite curious what might have led Dash to want to try
drugs.
During the
sentencing, Dash stood at the podium, the Officer beside her, and the Judge ask
if there was a parent here for her. Donna scanned the room. Dash lowered her
head and mumbled, “Please God not today…”
The room
stirred, and there was all kind of noise. Than a man joined beside Dash and said, “I’m here.”
Suddenly
Donna smelt the odor of alcohol and sewer and filth and almost wretched. The
bailiff sniffed and then slightly gagged out loud. The Judges face wrinkled as
if curious, and then she sniffed. “Oh my heavens! Sir, is that smell you?!” She
stated in a question format.
“Yes ma’am.
I apologize. I just got off work. I came straight here. There was a message on
my machine last night. I work night—“ He was saying.
“Do stop so
that we can get this over with then!” The Judge interrupted. “Before we all
throw up.” She was holding a kerchief over her nose. “Are you the parent of
Dashielle Elaine Thomas?”
“Yes.” He
stated.
“State your
name for the record.” The Judge stated.
“Enron Kent
Thomas the Third.”
“Ok Enron
are you aware that you daughter has bought weed or is doing pot? Or that
anything about her has changed recently?” The Judge asked.
Enron
looked at Dashielle. The cop looked at them both, and the Judge watched
everyone. Looks can tell all kinds of stories.
“No I
wasn’t. Her grades aren’t dropping or anything. Your honor, she is an honor
student. She doesn’t miss any School or anything.” Enron said.
The Judge
nods. “Is there a Mrs. Thomas, Sir?” she asks.
“No ma’am.
She left us a few Months back for another man. Not something you hear
everyday….” Enron lowers his head.
The Judge
shakes her head in disbelief. “Ok….Miss Thomas, since this is your first
offense, and you have somewhat been co-operative with the Police…providing you
can lead Officer Williams here to your dealer…or….a dealer…..no longer pleading
the fifth…..than I believe we can work together. Can you do this?”
Dash licked
her lips….”Yes ma’am I believe I can….”
“I am going
to put you on probation. But I don’t ever want to see you in my Court room
again, is that clear?! I want you to promise me that too, can you do that?!”
“Yes ma’am.
Thank you ma’am.” Dash said.
“Very good
Miss Thomas. Do you agree with my ruling than Officer Williams?” The Judge
asked.
“Yes, thank
you Judge V.” Officer Williams said.
In this
case, Dash, revealed to Officer Donna who dealt her the Oregano-drugs. But here
in the long run, the dealer was not a drug dealer, it was also someone trying
to keep her drug free, knowing she was not meant to do them. She had mentioned
to her friend that she was depressed and upset with her Mother leaving, and
well, she felt drugs were the answer. She had seen and heard others speaking
and doing it. She thought it would solve her problems.
With said
case, Dashielle was dazed off and had been standing on the street too long,
trying to figure out the best place to secretly get high. The officer in
question became curious. When she went to the kid, she had no intent on asking
her to “see” what she had, but when the girl starting showing signs of fear,
she then did so because of the girls actions.
Also to the
advantage of this case, the only things the girl remembered was her fifth
amendment rights. Because of her age, and not paying attention in School, she
didn’t remember her fourth amendment rights. Had she been in New York, she
would not have had them.
Lucky for
Dash, she had a descent officer though, and all turned out best in the long
run. She was put into the “Scared straight” program whereas you get a tour of
the jail, and court room, and court fines, and put on probation. The Probation
Officer can and usually deems community service too.
Refernces:
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