Look at the original case. The officer got the weapons away from the people he thought were dangerous. That is certainly a benefit both to the safety of the officer and to the probable victim store.
However the wording is:
"the right of the people to be secure in their persons ..... against unreasonable searches ... and no warrant.... without probable cause ... "
seems to imply that an officer may not search a person without a warrant from a judge and the most liberal Justice (Douglas) said:
"We hold today that the police have greater authority to make a 'seizure' and conduct a 'search' than a judge has to authorize such action. We have said precisely the opposite over and over again."
"To give the police greater power than a magistrate is to take a long step down the totalitarian path. Perhaps such a step is desirable to cope with modern forms of lawlessness. But if it is taken, it should be the deliberate choice of the people through a constitutional amendment."
Topic:4th Amendment exception to searches and seizures (Terry v. Ohio) what impact did Terry v. Ohio have on law enforcement officers? Hint: what have been the benefits or hindrance of Terry as it relates to officer safety?
1 answer