Rose Katz Case Study

Improved Essays
Rose Atkinson
Mouser B5
US Government
4/21/16
Proposal

On October 31, 1963, Cleveland Police Department Detective Martin Mcfadden was patrolling downtown when he saw two men, John W. Terry and Richard Chilton, suspiciously acting around the street corner. They had been pacing back and forth along their route, pausing to stare in the same store window. McFadden had observed them do this routine several times. After one of the trips, the two men had been joined by a third, Katz, who had left after a short moment. Eventually, McFadden decided to approach them due to his suspicions. He suspected the two men of “casing a job, a stick-up,” and followed them. The two had joined Katz again a few blocks down from the store. McFadden caught up to the three, introduced himself as a police officer, and asked for their names. They mumbled their responses, then McFadden began to pat down Terry’s outside clothing, to which he discovered a revolver in the overcoat pocket. He ordered the three into the store, then removed Terry’s overcoat. He took the gun, then ordered the three to face the wall with their hands raised. He patted down the outer clothing of the other two, and seized a revolver from Chilton’s overcoat pocket. For Katz, however, he did not feel a gun through the outer clothing, therefore he did not put
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Terry and Chilton were charged with carrying concealed weaponry. Terry, feeling violated of his 4th Amendment rights, had taken this to court. After the court denied their motion to suppress, Chilton and Terry waived jury trial and pleaded not guilty. The court came to the conclusion that they were guilty, and the Court of Appeals for the Eighth Judicial District affirmed. The Supreme Court of Ohio granted certiorari to determine whether the admission of the revolvers in evidence violated petitioner’s rights under the Fourth Amendment, made applicable to the States by the

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