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The US Constitution’s 4th amendment protects against unreasonable searches and seizures. In Terry v. Ohio, the Supreme Court established the “Terry search” exception, allowing law enforcement to briefly search a suspect’s outer clothing for weapons if they have reasonable suspicion. The search must be based on a reason to think the suspect may be armed. The search falls under the scope of a “search and seizure” and is protected by the Constitution. If a weapon is found, the officer has probable cause to arrest the suspect.
The US Constitution offers a number of protections including protection against unreasonable searches and seizures found within the 4th amendment. The US Supreme Court has had to interpret and define the scope of that protection over the years. In 1968, the Supreme Court decided Terry v. Ohio, which essentially stated that while there is a right against unreasonable searches and seizures, law enforcement officers can detain and “search” a person for weapons under certain circumstances. This type of research became known as “Terry research”.
In most cases, a law enforcement officer in the United States must have probable cause to conduct any type of search of a person or person’s property. The US Supreme Court has carved out exceptions to this general rule over the years for a variety of reasons. What became known as Terry’s search exception was the result of a case in which the defendant was spotted on a street corner engaging in suspicious behavior by a Cleveland police officer. When the police officer approached the defendant and asked for his name, the defendant did not respond, at which point the police officer grabbed the defendant and conducted a search of his outer clothing, revealing the silhouette of a gun. The defendant, Terry, appealed his conviction on the grounds that the search was unconstitutional.
The case eventually reached the U.S. Supreme Court, where the justices upheld the conviction and concluded that a law enforcement officer was authorized to conduct a brief “strike” search – which later became the search for Terry – of a suspect’s outer clothing if the officer has a reasonable suspicion that the person has committed or is about to commit an offense. The rationale for the search is to allow law enforcement officers to check for the presence of weapons in the interest of officer safety. For a search of Terry to be legal, an officer must have a reason to think the suspect may be armed, rather than just a hunch or feeling.
One of the big problems in Terry v. Ohio was whether or not the search fell within the scope of a “search and seizure,” as the defendant was not under arrest at the time. The court concluded that there are encounters with law enforcement officers that do not achieve an actual arrest that are also considered a “kidnapping” under the 4th amendment and, therefore, are protected by the Constitution. If a law enforcement officer finds a weapon during a search of Terry, they have probable cause to arrest the defendant.
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