Terry v. Ohio 392 U.S. 1, 88 S. Ct. 1868, 20 L. ED.2d 889, 1968 U.S.

Analyze the following case  in preparation for a systematic approach to your synthesis of law and fact:

€¢ T erry v. Ohio located at   http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=392&invol=1

W rite an eight to ten ( 8- 10)  page legal Memorandum paper in which you:

1. Summarize five (5) key aspects  of  Terry v. Ohio .
2. Posit  whether or not you believe  law enforcement violated  Terry and the other  men ‘s  right to
privacy which the Fourth Amendment  guarantees.  Justify the position.
3. 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 .
4. Examine the two  (2)  part test provided by the court in Terry that first asks whether the officer’s
action  is justified at its inception;  and second,  asks whether it is  reasonably related in scope  t o
the circumstances which justified the interference in the first place.  Discuss whether or not  this
test leaves officers with too much discretion when making a determination to stop an individual.
Provide a rationale for the response.
5. Examine the court’ s holding in Terry that provides that probable cause is based upon the totality
of the circumstances. Review the factors that help shape the totality of circumstances ,  such as
specialized knowledge of the officers, investigative inferences, personal observations of
suspicious behavior, and information from other sources. Question  whether these factors  in
question are too subjective to establish probable cause.  Provide a rationale for the  response.
6. Debate the validity of the court’s holding that whenever a police officer accosts an individual a nd
r estrains his freedom to walk away, he has seized that person with the meaning of the Fourth
Amendment. Justify the response.
7. Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as
academic resources.
Your assignment must follow these formatting requirements:
€¢ Be typed, double spaced, using Times New Roman font (size 12), with one- inch margins on all
sides; citations and references must follow APA or school- specific form at. Check with your
professor for any additional instructions.
€¢ Include a cover page containing the title of the assignment, the student’s name, the professor’s
name, the course title, and the date. The cover page and the reference page are not included in
the required assignment page length.
T he specific course learning outcomes associated with this assignment are:
€¢ Illustrate the workings of the adversary system.
€¢ Use technology and information resources to research issues in U.S. courts.