Criminal Procedure · procedure
The Terry Stop, originating from *Terry v. Ohio*, permits police officers to stop and question individuals on the street if they have reasonable suspicion that the person is involved in criminal activity. This procedural safeguard aims to balance the need for effective law enforcement with individuals' Fourth Amendment rights against unreasonable searches and seizures.
Law enforcement must have specific, articulable facts that suggest a person is, was, or will be involved in criminal activity.
What to prove: The officer must demonstrate that the suspicion is based on objective facts (e.g., behavior, location, known criminal history) that can be articulated in court.
The stop must be brief and not a full-scale arrest, and officers may perform a limited pat-down for weapons if they have reason to believe the individual is armed.
What to prove: It must be shown that the extent of the stop and any search (if applicable) is reasonably necessary to ensure the safety of the officer and the public.
The burden rests on the government to demonstrate that the officer's stop and search met the reasonable suspicion standard, which is a lower threshold than probable cause.
Terry Stops often appear in exams focusing on Fourth Amendment jurisprudence; be prepared to analyze the reasonableness of the officer's actions and the circumstances leading to the stop.