The Fourth Amendment of the U.S. Constitution limits the power of the police to make arrests, search people and their property, and seize objects and contraband, such as illegal drugs or weapons. These limits are the bedrock of search and seizure law and are ultimately at the root of your right to privacy.
Analyze the following case in preparation for a systematic approach to your synthesis of law and fact:
- Terry v. Ohio located at http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=392&invol=1
Write an eight to ten (8-10) page legal Memorandum paper in which you:
- Summarize five (5) key aspects of Terry v. Ohio.
- Posit whether or not you believe law enforcement violated Terry and the other men’s right to privacy which the Fourth Amendment guarantees. Justify your position.
- Examine the dissenting opinion of Justice Douglas, as discussed in the case. Discuss the origins and importance of probable cause as it relates to law enforcement’s discretion to search Terry’s car in this case.