Code of Criminal Procedure · U.S. Supreme Court, 1968

Terry v. Ohio

Terry v. Ohio is a 1968 U.S. Supreme Court decision. This page summarizes key points and works through practice questions for Texas peace officer exam preparation.

Key points

  • Specific, articulable facts
  • Plus rational inferences
  • Warranting the suspicion that criminal activity is afoot
  • Lower than probable cause; higher than a hunch

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Worked examples

Worked example 1

A Terry stop (investigative detention) is justified by:

  1. Probable cause
  2. Reasonable suspicion — specific articulable facts that, taken together with rational inferences, warrant the intrusion Correct
  3. Mere hunch
  4. Random selection
Why: An investigative detention requires reasonable suspicion: specific, articulable facts that, with rational inferences, warrant the suspicion that criminal activity is afoot.
Statute: Terry v. Ohio, 392 U.S. 1 (1968)
Worked example 2

Under Terry, an officer may frisk a lawfully detained person for weapons when the officer has reasonable suspicion that:

  1. Anything illegal might be found
  2. The person is armed and presently dangerous to the officer or others Correct
  3. The person has committed any crime
  4. The person is a non-resident
Why: A frisk (limited pat-down for weapons) is permitted only on reasonable suspicion that the detained person is armed and dangerous. The frisk is limited to outer clothing and to a search for weapons. The 'plain feel' doctrine permits seizure if the criminal nature of an item is immediately apparent during the lawful frisk.
Statute: Terry v. Ohio; Adams v. Williams