Fourth Amendment Rights and Terry Stop
Criminal Procedure and the Constitution
November 03, 2012
Do an Internet search and find a criminal procedure case that relies on the precedent set in Terry v. Ohio. Thoroughly explain the case and state exactly what the court in the case stated about Terry v. Ohio. The case must specifically cite Terry v. Ohio.
Illinois v. Wardlow
The defendant William Wardlow was stopped and frisked after looking at two police officers and then running from them in an area known for drugs and trafficking.
The defendant was acting nervous with an evasive behavior and he was in a high crime area. These factors lead to the reasonable suspicion necessary for a Terry stop under the Fourth Amendment.
Facts: The defendant William Wardlow was holding a opaque bag while visiting an area known for heavy narcotic trafficking, upon seeing the two officers on routine patrol he takes off and runs from the officers, the officers catch up with him and conducts a pat-down weapons search, they find a .38 caliber handgun on his person. Trial court denied Mr. Wardlows’ motion to suppress, but the appellate court reversed the decision. Illinois Supreme Court upheld the appellate courts results stating that the combination of running and the fact that the defendant was in a high drug area did not reach the status of reasonable suspicion necessary to justify a Terry stop. The Supreme Court granted certiorari to the State of Illinois. (www.casebrief.com/blog/law/criminal.../illinois-v-wardlow/).cited November 03, 2012.