They became lost and asked Shawn Demain, a student at the University of Wisconsin-Whitewater, to use the phone in his dorm room. While playing video games and talking in the dorm room, two women, freshman students Shawn Stratton and her roommate Heidi Sheets, arrived from a social event at which Stratton had consumed three beers.
Critics say that proposals like this water down the Second Amendment. Our decisions belie that argument, for the Second Amendment, as noted, was designed to keep alive the militia.
But if watering-down is the mood of the day, I would Adams case to water down the Second rather than the Fourth Amendment. I share with Judge Friendly a concern that the easy extension of Terry v.
Ohio, supra, at U. The crucial question on which this case turns, as the Court concedes, is whether, there being no contention that Williams acted voluntarily in rolling down the window of his car, the State had shown sufficient Adams case to justify Sgt.
I would affirm, believing, Adams case the following reasons stated by Judge, now Chief Judge, Friendly, dissenting, F.
There is too much danger that, instead of the stop's being the object and the protective frisk an incident thereto, the reverse will be true. Against that we have here the added fact of the report that Williams had a gun on his person.
I would not find the combination of Officer Connolly's almost meaningless observation and the tip in this case to be sufficient justification for the intrusion. The tip suffered from a threefold defect, with each fold compounding the others.
The informer was unnamed, he was not shown to have been reliable with respect to guns or narcotics, and he gave no information which demonstrated personal knowledge or -- what is worse -- could not readily have been manufactured by the officer after the event.
To my mind, it has not been sufficiently recognized that the difference between this sort of tip and the accurate prediction of an unusual event is as important on the latter score as on the former. United States, U. There is no such guarantee of a patrolling officer's veracity when he testifies to a 'tip' from an unnamed informer saying no more than that the officer will find a gun and narcotics on a man across the street, as he later does.
If the state wishes to rely on a tip of that nature to validate a stop and frisk, revelation of the name of the informer or demonstration that his name is unknown and could Page U.
Ohio was intended to free a police officer from the rigidity of a rule that would prevent his doing anything to a man reasonably suspected of being about to commit or having just committed a crime of violence, no matter how grave the problem or impelling the need for swift action, unless the officer had what a court would later determine to be probable cause for arrest.
It was meant for the serious cases of imminent danger or of harm recently perpetrated to person or property, not the conventional ones of possessory offense.
If it is to be extended to the latter at all, this should be only where observation by the officer himself or well authenticated information shows 'that criminal activity may be afoot.
I greatly fear that, if the [contrary view] should be followed, Terry will have opened the sluice gates for serious and unintended erosion of the protection of the Fourth Amendment. Four years have passed since we decided Terry v. New York and Peters v. New York, U. They were the first cases in which this Court explicitly recognized the concept of "stop and frisk" and squarely held that police officers may, under appropriate circumstances, stop and frisk persons suspected of criminal activity even though there is less than probable cause for an arrest.
This case marks our first opportunity to give some flesh to the bones of Terry Page U.
Unfortunately, the flesh provided by today's decision cannot possibly be made to fit on Terry's skeletal framework. New Hampshire, U. In Terry, we said that. Yet, we upheld the stop and frisk in Terry because we recognized that the realities of on-the-street law enforcement require an officer to act at times on the basis of strong evidence, short of probable cause, that criminal activity is taking place and that the criminal is armed and dangerous.
Hence, Terry stands only for the proposition that police officers have a "narrowly drawn authority to. In today's decision, the Court ignores the fact that Terry begrudgingly accepted the necessity for creating an exception from the warrant requirement of the Fourth Amendment and treats this case as if warrantless searches were the rule, rather than the "narrowly drawn" exception.
This decision betrays the careful balance that Terry sought to strike between a citizen's right to privacy and his government's responsibility for effective law enforcement, and expands the concept of warrantless searches far beyond anything heretofore recognized as legitimate.
The Court's opinion states the facts, and I repeat only those that appear to me to be relevant to the Fourth Amendment issues presented. Respondent was sitting on the passenger side of the front seat of a car parked on the street in a "high crime area" in Bridgeport, Connecticut, at 2: During a conversation that had just taken place nearby, the officer was told by an informant that respondent had narcotics on his person and that he had a gun in his waistband.
The officer saw that the motor was not running, that respondent was seated peacefully in the car, and that there was no indication that he was about to leave the scene. After the officer asked respondent to open the door, respondent rolled down his window instead, and the officer reached into the car and pulled a gun from respondent's waistband.
The officer immediately placed respondent under arrest for carrying the weapon, and searched him, finding heroin in his coat. More heroin was found in a later search of the automobile. Respondent moved to suppress both the gun and the heroin prior to trial. His motion was denied, and he was convicted of possessing both items.
The Court erroneously attempts to describe the search for the gun as a protective search incident to a reasonable investigatory stop. But, as in Terry, Sibron and Peters, supra, there is no occasion in this case to determine whether or not police officers have a right to seize and to restrain a citizen in order to interrogate him.
The facts are clear that the officer intended to make the search as soon as he approached the respondent.Welcome to Adams Horse and Mule Company's Website: Ivorys Hank Jr.
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