Police Officer, Martin Mcfadden - 1822 Words

On October 31st, 1963, in Cleveland, Ohio, Officer Martin McFadden observed two men standing outside a storefront acting suspiciously. He watched one of the men walk down the street pausing to look in a store window. At the end of the street the man turned around and proceeded to walk back, pausing at the same store window as on his way down. Upon reaching the other man, the two mingled and talked to each other. Officer McFadden witnessed these men do this several times. Officer McFadden concerned the men were â€Å"casing a job†, then followed the two men, and watched as they met up in front of Zucker’s Store. At this point, Officer McFadden walked up to the men, identified himself as a police officer, and asked for their names. He asked the first man, Terry to turn around. He frisked him, and, feeling a pistol frame inside Terry s overcoat, ordered the men into the store. Terry and Chilton were charged with possession of a concealed weapon, and were each sentenced to three-years in prison. The arrest of Terry set in motion a series of lower court cases that ultimately led to the landmark Supreme Court case that addressed the Fourth Amendment right against unreasonable searches and seizures. The United States Supreme Court decided the case of Terry v. Ohio on June 10, 1968. The question that arises in the Terry v. Ohio case has to do with the Fourth Amendment, specifically the line the right of the people to be secure in their persons, houses, papers, and effects, againstShow MoreRelatedStop And Frisk : Common Term1202 Words   |  5 Pagesafternoon on October 31, 1963, a detective with the Cleveland police department was near the location of 1276 Euclid Avenue, Cleveland, Ohio. The detective was Martin McFadden who has been a police officer for thirty-nine years, and for thirty-five of those years he has been a detective. Detective McFadden for the past thirty years has been patrolling the downtown business district for shoplifters and pick p icketers. In doing this, McFadden had developed a routine around how he observes people. OnRead MoreJohn W. Terry V. Ohio1512 Words   |  7 PagesJohn W. Terry v. Ohio On October 31, 1963 a Cleveland Police Detective stopped and arrested three men outside a department store window. The officer charged two of the men with carrying concealed weapons. One of the men involved in this stop and frisk, John W. Terry, challenged the ruling, stating that it was against his 4th Amendment rights to be searched for weapons by an off duty police officer without probable cause for arrest. On June 10, 1968 the Supreme Court ruled 8-1 in favor of the policemanRead MoreTerry V. Ohio Case1853 Words   |  8 Pagesstopped and later searched by Officer Martin McFadden because he suspected Terry of â€Å"casing† out a store to rob. McFadden decided to search Terry’s clothing for weapons before he questioned him about his suspicious behavior. The Fourth Amendment applies to this case because it protects people from â€Å"unreasonable searches and seizures† without a warrant or probable cause. The reason I chose this particular case to analyze is b ecause it is a clear example of an officer using his experience to recognizeRead MoreTerry Vs. Ohio, 392 U.s.1010 Words   |  5 Pagescitizens and officers of the law. The Supreme Court of Ohio reviewed the decision of the 5th Ohio Court of Appeals. This case was of particular importance it helped establish what type of search and seizure behavior was lawful and unlawful on the part of officers, and set clear guidelines. The rulings in this case pertain to the Fourteenth Amendment (Cornell University Law School, n.d.). FACTS: In a hearing concerning a motion to suppress admission of evidence, Cleveland Detective Martin McFaddenRead MoreA Perfect Utopia Of Democracy1185 Words   |  5 Pagesdetective Martin McFadden observed John Terry, Richard Chilton, and another man behaving suspiciously in downtown Cleveland, as they appeared to be scouting a store for a potential stick-up job. Detective McFadden proceeded to confront the men, search them, and found a gun on both Terry and Chilton (Barrett). Both men had been charged with possession of a concealed weapon. The defendants claimed that the search violated the fourth amendment, while prosecutors claimed that detective McFadden had causeRead MoreHypothetical Cases754 Words   |  4 Pagesfrisk the detective Martin McFadden observed two men, John Terry and Richard Chilton, walking back and forward along an identical route. They were joined by a third man, Katz, who left after a brief conversation. McFadden followed terry and Chilton and saw the m rejoin with Katz a couple of blocks away. The officer approached them and asked their names. He patted down the individuals finding two weapons. Terry and Chilton were charged with carrying concealed weapons. The police action is rightRead MoreThe Man Of The Men1479 Words   |  6 Pages On October 31, 1963 officer Martin McFadden, dressed in plain clothes on patrol, observed three men acting walking back and forth in front of a jewelry store. With over 35 years of police experience under his belt, he was suspicious that the men were about to rob the store. The men walked back and forth in front of the store 24 times. As the men walked back and forth, they would stop and look in the same store window of the store. They would then group together and talk quickly. After this conferenceRead MoreThe Second Amendment Of The United States1666 Words   |  7 Pagesindividual’s privacy against intrusive police search and seizure when an officer’s discretion is the sole reasoning for initiation? It has been argued that racially-biased policing largely began with the Drug Enforcement Agency’s Operation Pipeline, a 1984 training program that instructed 25,000 state and local enforcement officers across the United States to identify and search potential d rug smugglers and carriers. The training also contained a section that trained officers to consider the suspects’ raceRead MoreConstitutionality of Stop and Frisk1436 Words   |  6 Pagesreasonable caution who believes that a crime has been committed and the person accused has committed that crime. Modern law has afforded police officers an incentive to respect this amendment, known as the â€Å"stop and frisk† act. The Stop and Frisk law allows police officers to stop someone and do a quick search of their outer clothing for weapons: if the officer has a reasonable suspicion that a crime has or is about to take place and the person stopped is armed or dangerous. The reasonable suspicionRead MoreThe Dangers of Racial Profiling625 Words   |  2 Pagesfrisk, racial vehicle stops, and the Support Our Law Enforcement and Safe Neighborhoods Act also known as Arizona SB 1070. In October of the year 1963, two strangers were visually perceived on a corner by Cleveland Police Department detective Martin McFadden Cleveland, Ohio. Officer McFadden stated that he saw the men pausing and staring suspiciously inside the same store window and both were seen making multiple trips back and forth, which they did for a total of about 24 times. At the end of each trip