Terry v. Ohio, Continued

Yesterday, we began our discussion of a very important case in criminal jurisprudence. The case of Terry v. Ohio signified a permanent sea-change in criminal justice. The case unequivocally stated that an officer who has specific, proven articulable facts that criminal activity is afoot, then the officer can temporarily detain a person for the purposes of an investigative detention.

In the case of Terry, the officer was permitted to perform a brief pat-down of a person that the police suspects is committing some form of criminal activity. For example, assume in a scenario that an officer sees a person in a drug riddled neighborhood engage in activity that is simliar to drug activity. Numerous people approach the person, they hand him money, and he gives them a package. If an officer sees all of this, does the officer have enough evidence to approach the suspect and perform an investigative detention to see if the person is committing the offense of delivery of a controlled substance?

Stay tuned as we evaluate this fascinating aspect of search and seizure law. If you have been charged with possession of a controlled substance contact a Plano drug crimes lawyer.