Criminal Procedure video topic, covering the basic holding and reasoning of Terry v. Ohio, the U.S. Supreme Court case that lays out the rules for police stops and frisks of suspects.
He did a really thorough job in explaining Terry v Ohio. I have an associates degree in criminal Justice, and I learned about this court case. And, everything that he explained is correct.
The anniversary of the Terry Stop is coming up this Halowene day. The day my uncle Detective Martin McFadden stopped and frisked suspects Terry and Chilton on Playhouse Square Cleveland Ohio. Quote Uncle Marty " Just do the right thing"
I grew up in Cleveland and my uncle was Detective Martin J. McFadden. The arrest he mad may very well have prevented a possible violent crime. A few years latter Chilton, one of the men he stopped killed a drug store owner in a robbery attempt in Columbus Ohio. The owner returned fire and killed Chilton. I recently had the privileged of meeting the nephews of both Terry and Chilton in Columbus Ohio where they serve as Columbus City Police Officers.
So if I'm looking for my wife and this above the law gang member See's Me and magically know's my thoughts he can molest me violate my rights and the rights of generations of people and for some reason you are proud of this
In essence, we have absolutely NO RIGHTS in this totalitarian police state. The regime can do anything it wishes to us and we have no recourse. Many of us do NOT CONSENT but, that doesn't matter to these thugs.
Basically his point at the end of video is, if you live in a area where there is a higher crime rate, you have a higher chance of being a victim of the Terry law! Law is a complex system, just as humans differ! Judge’s differ and this has always been the flaw in the legal system .
When you replace "the legal system" with "human nature", it is more accurate and explains vastly more situations. Cops and judges are people too, prone to the same character flaws as little people. The problem has always been, authorities treat themselves as inherently virtuous and trustworthy - they are no more so than suspects.
At 8:55 this law professor describes a detainment as a "seizure" which confused me about "unreasonable search and seizure" -- which actually means the searching for and taking possession of a person's property without a warrant. -- The law dictionary defines "seizure" as taking possession of property, however, oddly enough, in the text of Terry v. Ohio (www.law.cornell.edu/supremecourt/text/392/1) the Supreme Court itself took the odd stance that "seizure" was the actual arrest. Was this made out of whole cloth?? Was it the intention of the court to redefine the meaning of the Fourth Amendment?? Is a person now a piece of property? to be taken into POSSESSION, rather than to merely be arrested and confined??
An arrest is considered a seizure of a person for probable cause. Seizure in this case is not equating a person as property, it's just a common description/definition of an act. The legal temporary detainment (Terry Stop) of a person is also legally considered a (temporary) seizure.
It's in the 4th Amendment, "no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the PERSONS to be SEIZED." emphasis added
To "seize" simply mean to being under your control - otherwise known as "constructive possession" or "custody". An officer can control a person by force or threat. A detainment is also known as a "custodial arrest". While an actual "arrest" implies that the officer believe he/she has probable cause to charge you with a crime and will "book" you into jail in the near future.
Back then Euclid was like Hollywood California is today, and it was Halloween and very many people were milling about down there as you can see in his picture
friend was arrested at work on an arrest warrant for suspicion of theft. That night when he was being booked was told that he's also charged with poss with intent and para. He wasn't present when they found it and it was in a common area which dozens of people were in and had access to his bag . they took a lot of items from his desk, which is a shared desk including wallet , phone , keys. wallet had insurance card, health savings act and when tried to retrieve was told those were evidence. how is a health savings account card he uses for family dr visits and meds evidence? he hadn't been in that room for several hours. Can this stick? Should he ask for this ? The warrant was issued due to a person facing numerous charges including a lab , with whom my friend did not get along with told police that it was his. the rat has a long history , at age 21 of law issues. mt friend is 43 years old, never been in trouble, a decorated veteran, volunteer in the community, takes care of his handicap wife and is well known. he lost his job , a process operator at a chemical plant, on the spot. they put it in the paper and have slandered him to the point he may have to move. is this the ay cops build cases? by rats making up things about people they don't like?? how can a judge not throw this out immediately??
I got stopped in my hometown for using my turn signal I was going to the post office to get my mail. He asked for my driver license and registration and he called me in and it came back my license was suspended so he made me get out of my car and go to the back of my car and to put my hands on the rear of my car and he frisked me and asked if I had any Drugs or Marijuana in my car and I said no. I don’t smoke or do drugs anyways this he did not ask me I am just saying this. He never checked my car so can he do this for a suspended which it wasn’t I feel he violated my 4th Amendment rights and my 1st Amendment also
27 state legislators have given their citizens the right to carry a pistol openly or concealed. The armed and dangerous portion of terry vs ohio is moot because the legislature has given the right to carry a pistol. Therefore there is no criminality with having a pistol on your body in these 27 states. 1965 has long come and gone, its now time to get current with current conditions. Imlo.
Cities in Illinois don't keep these/this data Professor,,, they don't HAVE to, I would suggest you investigate this yourself and inform your students. I would also suggest you investigate the data on K9 queries. Southern Illinois cops don't "fill out the backs of tickets", the don't HAVE to.
Rukus Fan uh. Yeah. If you think race does not play a role in a 1960’s case I’d have to ask whether you know history or not. But regardless of the time period the race component would be relevant today. Have you seen the video of the two black men arrested at Starbucks because they were waiting for their business appointment and were asked to leave unless they purchased something? So yeah. Your last statement is valid. It’s everywhere.
I'm currently writing a 7 page essay about this, and this extremely helped me. I wish he was my professor.
Simple to understand and can paint a vivid picture and imagination in a students mind. Great teacher.
He did a really thorough job in explaining Terry v Ohio. I have an associates degree in criminal Justice, and I learned about this court case. And, everything that he explained is correct.
The anniversary of the Terry Stop is coming up this Halowene day. The day my uncle Detective Martin McFadden stopped and frisked suspects Terry and Chilton on Playhouse Square Cleveland Ohio. Quote Uncle Marty " Just do the right thing"
What a great professor!! Thanks for sharing :)
I grew up in Cleveland and my uncle was Detective Martin J. McFadden. The arrest he mad may very well have prevented a possible violent crime. A few years latter Chilton, one of the men he stopped killed a drug store owner in a robbery attempt in Columbus Ohio. The owner returned fire and killed Chilton. I recently had the privileged of meeting the nephews of both Terry and Chilton in Columbus Ohio where they serve as Columbus City Police Officers.
Thanks for this update Jim. Is there a magazine article or other source that gives these - a quotable source? Cheers.
@@logginsalternate Contact Comander Robert Meader at The Columbus Police Academy for detailed information on the Terry Stop
So if I'm looking for my wife and this above the law gang member See's
Me and magically know's my thoughts he can molest me violate my rights and the
rights of generations of people and for some reason you are proud of this
McFadden was a traitor to his sworn oath....and a domestic enemy that violated this mans rights.
#OverturnTerryvOhio , Delete Lawz
Question is looking thru a window in public or so called window shopping illegal being in public a crime?
Jackie Delong no. It’s not the mere act of looking in the window that supports the reasonable suspicion, it’s all of the minor facts taken together.
this helped me to better understand... and learn...
In essence, we have absolutely NO RIGHTS in this totalitarian police state. The regime can do anything it wishes to us and we have no recourse. Many of us do NOT CONSENT but, that doesn't matter to these thugs.
4:19 damn this dude guilty af, he’s like why is he telling my story right now
Thanks from México.
Thank you for explaining this case
What about being frisked for "officer safety"?
Basically his point at the end of video is, if you live in a area where there is a higher crime rate, you have a higher chance of being a victim of the Terry law! Law is a complex system, just as humans differ! Judge’s differ and this has always been the flaw in the legal system .
When you replace "the legal system" with "human nature", it is more accurate and explains vastly more situations. Cops and judges are people too, prone to the same character flaws as little people. The problem has always been, authorities treat themselves as inherently virtuous and trustworthy - they are no more so than suspects.
One of the Supreme Court justices who ruled on this case was once in the KKK. Justice Black was born in the 1800s.
thx a lot
At 8:55 this law professor describes a detainment as a "seizure" which confused me about "unreasonable search and seizure" -- which actually means the searching for and taking possession of a person's property without a warrant. -- The law dictionary defines "seizure" as taking possession of property, however, oddly enough, in the text of Terry v. Ohio (www.law.cornell.edu/supremecourt/text/392/1) the Supreme Court itself took the odd stance that "seizure" was the actual arrest. Was this made out of whole cloth?? Was it the intention of the court to redefine the meaning of the Fourth Amendment?? Is a person now a piece of property? to be taken into POSSESSION, rather than to merely be arrested and confined??
An arrest is considered a seizure of a person for probable cause. Seizure in this case is not equating a person as property, it's just a common description/definition of an act.
The legal temporary detainment (Terry Stop) of a person is also legally considered a (temporary) seizure.
Yeah, I was just about to say something similar, seizure of your person. Effectively denying the suspect liberty, part of the due process guarantee.
It's in the 4th Amendment, "no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the PERSONS to be SEIZED." emphasis added
A seizure of the person...
To "seize" simply mean to being under your control - otherwise known as "constructive possession" or "custody".
An officer can control a person by force or threat.
A detainment is also known as a "custodial arrest".
While an actual "arrest" implies that the officer believe he/she has probable cause to charge you with a crime and will "book" you into jail in the near future.
He is such a good teacher
Back then Euclid was like Hollywood California is today, and it was Halloween and very many people were milling about down there as you can see in his picture
Justice Douglass was right.
💯
friend was arrested at work on an arrest warrant for suspicion of theft. That night when he was being booked was told that he's also charged with poss with intent and para. He wasn't present when they found it and it was in a common area which dozens of people were in and had access to his bag . they took a lot of items from his desk, which is a shared desk including wallet , phone , keys. wallet had insurance card, health savings act and when tried to retrieve was told those were evidence. how is a health savings account card he uses for family dr visits and meds evidence? he hadn't been in that room for several hours. Can this stick? Should he ask for this ? The warrant was issued due to a person facing numerous charges including a lab , with whom my friend did not get along with told police that it was his. the rat has a long history , at age 21 of law issues. mt friend is 43 years old, never been in trouble, a decorated veteran, volunteer in the community, takes care of his handicap wife and is well known. he lost his job , a process operator at a chemical plant, on the spot. they put it in the paper and have slandered him to the point he may have to move. is this the ay cops build cases? by rats making up things about people they don't like?? how can a judge not throw this out immediately??
That is awful what your friend is dealing with.I really hope everything gets dismissed.
Terry v Ohio needs to be overturned.
#OVERTURNTERRY
Cleveland Ohio 216
you ever think it's cause they're the one's caught doing the crime?!?!
I got stopped in my hometown for using my turn signal I was going to the post office to get my mail. He asked for my driver license and registration and he called me in and it came back my license was suspended so he made me get out of my car and go to the back of my car and to put my hands on the rear of my car and he frisked me and asked if I had any Drugs or Marijuana in my car and I said no. I don’t smoke or do drugs anyways this he did not ask me I am just saying this. He never checked my car so can he do this for a suspended which it wasn’t I feel he violated my 4th Amendment rights and my 1st Amendment also
Were you arrested and taken in ?
27 state legislators have given their citizens the right to carry a pistol openly or concealed. The armed and dangerous portion of terry vs ohio is moot because the legislature has given the right to carry a pistol. Therefore there is no criminality with having a pistol on your body in these 27 states.
1965 has long come and gone, its now time to get current with current conditions. Imlo.
Cities in Illinois don't keep these/this data Professor,,, they don't HAVE to, I would suggest you investigate this yourself and inform your students. I would also suggest you investigate the data on K9 queries. Southern Illinois cops don't "fill out the backs of tickets", the don't HAVE to.
This is a college teacher ?
Chili Decastro Delete Lawz
gosh, just give the basics - why go into this racial highlight? ohhh that's right, politics mixed with every aspect of our lives...
Rukus Fan uh. Yeah. If you think race does not play a role in a 1960’s case I’d have to ask whether you know history or not. But regardless of the time period the race component would be relevant today. Have you seen the video of the two black men arrested at Starbucks because they were waiting for their business appointment and were asked to leave unless they purchased something? So yeah. Your last statement is valid. It’s everywhere.
Because it matters. There are more stop and frisks for people of color. Look at NY. Race matters in every aspect of our lives
Good, so long drawn out and boring filled with screen time embellishment.