Terry V. Ohio & Yabarra V. Illinois
April 30, 2013
Criminal Procedure and the Constitution
Do an Internet search and find a criminal procedure case that relies on the precedent set in Terry v. Ohio. Thoroughly explain the case and state exactly what the court in the case stated about Terry v. Ohio. The case must specifically cite Terry v. Ohio.
U.S Supreme Court
Yabarra V. Illinois, 444 U.S. 85 (1979
No 78-5937 Argued: October 9,1979 Decided: November 28,1979
Appeal from the appellate Court of Illinois
An Illinois statute authorizes law enforcement officers to detain and search any person
Found on premises being searched pursuant to search warrant to protect themselves from an attack or to prevent the disposal concealment of anything described in the warrant. Special agents of ...view middle of the document...
The police officer who frisked the patrons found the appellant, Ybarra in front of the bar standing by a pinball machine. When frisking Ybarra for the first time the officer felt a cigarette pack with objects in it but he didn’t remove it. The officer returned to Ybarra once again 2-10 minutes after the first and frisked him again, this time removing the cigarette package and finding heroin.
…nor was the action of the police constitutionally permissible on theory that the first search of appellant constituted a reasonable frisk for weapons under the doctrine of Terry V. Ohio, 392 U.S. 1 and yielded probable cause to believe that the second search for which no warrant was required in light of the exigencies of the situation coupled with the ease with which appellant could have disposed of the illegal substance. Notwithstanding the absence of probable cause to search Ybarra the State argues that the action of the police in searching him and seizing what was found in his pocket; they was asked to find the first for weapons under the doctrine of Terry V. Ohio. 392 U.S. 1; …a belief which this court has invariably held must from thepredicate to a pat down of a person for weapons Terry V. Ohio, supra at 392 U.S. 21-24, 392 U.S. 27; The Terry case created an exception whose “narrow scope” this court has been careful to maintain. “The narrow scope” of the Terry exception does not permit a frisk for weapons Terry V. Ohio, 392 U.S. 1. (1968). The court would require a particularized and individualized sucpicion that a person is armed and dangerous as a condition to a Terry search. In Terry V. Ohio, 392 U.S. 1 (1968) the court considered the applicability of the Fourth Amendment to an on the street encounter between a policemen who had aroused his suspicions.