Terry+v.+Ohio

TERRY v. OHIO, 392 U.S. 1 (1968)
392 U.S. 1 **TERRY v. OHIO. CERTIORARI TO THE SUPREME COURT OF OHIO. No. 67. Argued December 12, 1967. Decided June 10, 1968.**

Cleveland detective Mcfadden was on his usual patrol route and he observed two strangers on a street. One whom was petitioning and then just another random person. They were walking back and forth along the same path, stopping to look in the same store widow. Which they also did for at least 24 times. Every time they both routinely stopped through their path, they came to together to speak with one another. Soon the two men were joined by a third who left immediately. The officer approach the three men assuming something was wrong, He identified himself as a police officer and asked the three men their names. The men mumbled something, as Mcfadden spun the petitioner around, quickly patted him down and found a pistol in his overcoat.

They were then arrested and two of the suspects were charged with carrying a concealed weapons. Through the trial court rejected the prosecution theory that the guns had been seized during a search incident to a lawful arrest, the court denied the motion to suppress and admitted the weapons into evidence on the ground that the officer had cause to believe the to suspects were acting suspiciously. That Officer for his own protection had the right to pat down their outer clothing having reasonable cause to believe that they might be armed.