holding "that where a police officer observes unusual conduct that leads him reasonably to con- *405 elude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others’ safety, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him” and that such "a search under the Fourth Amendment, and any weapons seized may properly be introduced in evidence against the person from whom they were taken”
How later courts described this case
- holding "that where a police officer observes unusual conduct that leads him reasonably to con- *405 elude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others’ safety, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him” and that such "a search under the Fourth Amendment, and any weapons seized may properly be introduced in evidence against the person from whom they were taken”
- holding "that where a police officer observes unusual conduct that leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others' safety, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him" and that such "a search under the Fourth Amendment, and any weapons seized may properly be introduced in evidence against the person from whom they were taken"
- recognizing that “whenever a police officer accosts an individual and restrains his freedom to walk away, he has ‘seized’ that person”; the “careful exploration of the outer surfaces of a person’s clothing all over his or her body in an attempt to find weapons is . . . a ‘search’”; and 37 “such a procedure performed in public by a policeman while the citizen stands helpless, perhaps facing a wall with his hands raised . . . is a serious intrusion upon the sanctity of the person, which may inflict great indignity and arouse strong resentment”
- explaining that “where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot,” the officer may briefly stop the suspicious person and make “reasonable inquiries” aimed at confirming or dispelling his suspicions, and if there is a reasonable belief that the individual the officer is investigating is “armed and presently dangerous,” the officer may conduct a pat-down search to determine whether the suspect is in fact carrying a weapon
Written by the judges who cited it.
Later courts went against this
Reported overruled on other grounds by Davis v. Washington, 547 U.S. 813 (2006) — not on the Supreme Court's list
392 U.S. 1, 9 (1968), overruled on other grounds by Davis v. Washington, 547 U.S. 813
Declined to follow by State v. Duncan, 43 P.3d 513 (2002)
Thus, the traffic violation exception to the application of Terry stops for criminal violations is distinguishable from the civil infraction before the court.
Disagreed with by Harman v. Pollock, 586 F.3d 1254 (2009)
While we disagree with the district court that Terry provides the appropriate framework for analyzing the Plaintiffs’ detention, and we give no credence to connections with the State of New Mexico, we do agree with the court’s ultimate conclusion that the Officers’ conduct was objectively reasonable.
Distinguished
Distinguished by People v. Sacrite, 233 Cal. Rptr. 3d 763 (2018)
Because the bulges in defendant's pocket provided "specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant[ed]" the pat search ( Terry, supra, 392 U.S. at p. 21, 88 S.Ct. 1868 ), the instant case is distinguishable from Dickey , in which a deputy testified "that he performed the patdown search for 'officer safety' " but provided no " 'specific and articulable…
Distinguished by Sellman v. State, 449 Md. 526 (2016)
For example, in Underwood v. State, the Court of Special Appeals upheld a valid Terry frisk, and that situation is readily distinguishable. 219 Md.App. at 575, 101 A.3d at 520.
Distinguished by State v. Heier, 2016 N.D. LEXIS 159 (2016)
392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968),] stop of a package is distinguishable from a full-fledged seizure supported by probable cause, and we hold reasonable suspicion was an inadequate basis upon which to transport Ressler’s package to the law enforcement center.”
Distinguished by State v. Nickel, 836 N.W.2d 405 (2013)
A Terry stop of a package is distinguishable from a full-fledged seizure supported by probable cause, and we hold reasonable suspicion was an inadequate basis upon which to transport Ressler’s package to the law enforcement center.
The opinion
Mr. Justice White,
concurring.
I join the opinion of the Court, reserving judgment, however, on some of the Court’s general remarks about the scope and purpose of the exclusionary rule which the Court has fashioned in the process of enforcing the Fourth Amendment.
Also, although the Court puts the matter aside in the context of this case, I think an additional word is in order concerning the matter of interrogation during an investigative stop. There is nothing in the Constitution which prevents a policeman from addressing questions to anyone on the streets. Absent special circumstances, the person approached may not be detained or frisked but may refuse to cooperate and go on his way. However, given the proper circumstances, such as those in this case, it seems to me the person may be briefly detained against his will while pertinent questions are directed to him. Of course, the person stopped is not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest, although it may alert the officer to the need for continued observation. In my view, it is temporary detention, warranted by the circumstances, which chiefly justifies the protective frisk for weapons. Perhaps the frisk itself, where proper, will have beneficial results whether questions are asked or not. If weapons are found, an arrest will fol *35 low. If none are found, the frisk may nevertheless serve preventive ends because of its unmistakable message that suspicion has been aroused. But if the investigative stop is sustainable at all, constitutional rights are not necessarily violated if pertinent questions are asked and the person is restrained briefly in the process.