Recent decision breathes fresh air into the Terry and Gross rulings

Criminal Procedure

By Timothy P. O’Neill

Timothy P. O’Neill is the Edward T. and Noble W. Lee Chair in Constitutional Law for 2014-15 at The John Marshall Law School in Chicago. Readers are invited to visit his Web log and archives at jmls.edu/oneill.

Posted August 4, 2015 2:31 PM

You do not have to be a lawyer to have heard of a Terry stop. But do you remember the facts of Terry v. Ohio from your law school days? I’ll save you the trouble of looking up 392 U.S. 1 (1968) and simply remind you.Officer Martin McFadden was a 39-year veteran of the Cleveland police force. One day while on patrol, he happened to notice John Terry and two other men walking back and forth outside a store. This went on for 10 to 12 minutes. McFadden interpreted this as “casing a job” in preparation for a …

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