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Terry V. Ohio
''Terry v. Ohio'', 392 U.S. 1 (1968), was a landmark U.S. Supreme Court decision in which the Court ruled that it is constitutional for American police to "stop and frisk" a person they reasonably suspect to be armed and involved in a crime. Specifically, the decision held that a police officer does not violate the Fourth Amendment to the U.S. Constitution's prohibition on unreasonable searches and seizures when questioning someone even though the officer lacks probable cause to arrest the person, so long as the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. The Court also ruled that the police officer may perform a quick surface search of the person's outer clothing for weapons if they have reasonable suspicion that the person stopped is "armed and presently dangerous." This reasonable suspicion must be based on "specific and articulable facts," and not merely upon an officer's hunch. This permitted polic ...
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Terry Stop
A ''Terry'' stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. ("In ''Terry v. Ohio'', 392 U. S. 1, 30 (1968), we held that the police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity "may be afoot," even if the officer lacks probable cause.") Reasonable suspicion is a lower standard than probable cause which is needed for arrest. When police stop and search a pedestrian, this is commonly known as a stop and frisk. When police stop an automobile, this is known as a traffic stop. If the police stop a motor vehicle on minor infringements in order to investigate other suspected criminal activity, this is known as a pretextual stop. Additional rules apply to stops that occur on a bus. In the United States at the federal level, the Supreme Court has published many cases that define the in ...
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Ohio Courts Of Common Pleas
Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The state's capital and largest city is Columbus, with the Columbus metro area, Greater Cincinnati, and Greater Cleveland being the largest metropolitan areas. Ohio is bordered by Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the west, and Michigan to the northwest. Ohio is historically known as the "Buckeye State" after its Ohio buckeye trees, and Ohioans are also known as "Buckeyes". Its state flag is the only non-rectangular flag of all the U.S. states. Ohio takes its name from the Ohio River, which in turn originated from the Seneca word ''ohiːyo'', meaning "good river", "great river", or "large creek". The state arose from the lands west of the Appalachian M ...
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Traffic Stop
A traffic stop, commonly referred to as being pulled over, is a temporary detention of a driver of a vehicle by police to investigate a possible crime or minor violation of law. United States A traffic stop is usually considered to be a Terry stop and, as such, is a seizure by police; the standard set by the United States Supreme Court in '' Terry v. Ohio'' regarding temporary detentions requires only reasonable articulable suspicion that a crime has occurred or is about to occur. Traffic stops can be initiated at any time during the detention and arrest process, ranging from stops prior to arrest or issuance of a ticket for violation based on probable cause: Before probable cause Traffic stops may be executed upon reasonable articulable suspicion that a crime has occurred, which can range from an observation of a possible equipment violation to suspicion of driving under the influence (DUI) based on driving behavior. In some jurisdictions, general roadblock checkp ...
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Earl Warren
Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney, politician, and jurist who served as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitutional jurisprudence, which has been recognized by many as a " Constitutional Revolution" in the liberal direction, with Warren writing the majority opinions in landmark cases such as '' Brown v. Board of Education'' (1954), '' Reynolds v. Sims'' (1964), '' Miranda v. Arizona'' (1966) and '' Loving v. Virginia'' (1967). Warren also led the Warren Commission, a presidential commission that investigated the 1963 assassination of President John F. Kennedy. He also served as Governor of California from 1943 to 1953, and is the last chief justice to have served in an elected office before nomination to the Supreme Court. Warren is generally considered to be one of the most influential Supreme Court justices and political leaders in the history ...
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Supreme Court Of Ohio
The Ohio Supreme Court, Officially known as The Supreme Court of the State of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a chief justice and six associate justices, who are elected at large by the voters of Ohio for six-year terms. The court has a total of 1,550 other employees. Since 2004, the court has met in the Thomas J. Moyer Ohio Judicial Center (formerly known as the Ohio Departments Building) on the east bank of the Scioto River in Downtown Columbus. Prior to 2004, the court met in the James A. Rhodes State Office Tower and earlier in the Judiciary Annex (now the Senate Building) of the Ohio Statehouse. The Ohio Supreme Court and the rest of the judiciary is established and authorized within Article IV of the Ohio Constitution. Justices All the seats on the court are elected at large by the voters of Ohio. Every two years, two of the associat ...
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Ohio District Courts Of Appeals
The Ohio District Courts of Appeals are the intermediate appellate courts of the U.S. state of Ohio. The Ohio Constitution provides for courts of appeals that have jurisdiction to review final appealable orders. There are twelve appellate districts, each consisting of at least one county, and the number of judges in each district varies from four to twelve. Each case is heard by a three-judge panel. There are currently 69 courts of appeals judges as provided by statute. A court of appeals judge is an elected position, with a term of six years. The Ohio Supreme Court The Ohio Supreme Court, Officially known as The Supreme Court of the State of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a ... has the discretion to review cases from the courts of appeals, but generally the appeals process in Ohio ends with the decision of the court of appeals. Judicial distric ...
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Suppression Of Evidence
Suppression of evidence is a term used in the United States legal system to describe the lawful or unlawful act of preventing evidence from being shown in a trial. This could happen for several reasons. For example, if a judge believes that the evidence in question was obtained illegally, the judge can rule that it not be shown in court. It could also refer to a prosecutor improperly or intentionally hiding evidence that does not go with their case (their theory of what happened) and could suggest or prove to the judge or jury that the defendant is not guilty or that (s)he is legally obligated to show the defense. In the latter case, this would be a violation of the 5th amendment to the United States Constitution. Also Rule 3.8 of the ABA Model Rules of Professional Conduct requires prosecutors to "make timely disclosure to the defense of all evidence or information that tends to negate the guilt of the accused or mitigates the offense." (This is not for all states.) This can re ...
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Cleveland
Cleveland ( ), officially the City of Cleveland, is a city in the U.S. state of Ohio and the county seat of Cuyahoga County. Located in the northeastern part of the state, it is situated along the southern shore of Lake Erie, across the U.S. maritime border with Canada, northeast of Cincinnati, northeast of Columbus, and approximately west of Pennsylvania. The largest city on Lake Erie and one of the major cities of the Great Lakes region, Cleveland ranks as the 54th-largest city in the U.S. with a 2020 population of 372,624. The city anchors both the Greater Cleveland metropolitan statistical area (MSA) and the larger Cleveland–Akron–Canton combined statistical area (CSA). The CSA is the most populous in Ohio and the 17th largest in the country, with a population of 3.63 million in 2020, while the MSA ranks as 34th largest at 2.09 million. Cleveland was founded in 1796 near the mouth of the Cuyahoga River by General Moses Cleaveland, after whom the city ...
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Supreme Court Of California
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law. Composition Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention elections. According to the California Constitution, to be considered for appointment, as with any California ...
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Law Review
A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging law concepts from various topics. Law reviews are generated in almost all law bodies/institutions worldwide. However, in recent years, some have claimed that the traditional influence of law reviews is declining. Unlike other scholarly journals, most law journals in the United States and Canada are housed at individual law schools and are edited by students, not professional scholars. A law school will typically have a "flagship" law review and several secondary journals dedicated to specific topics. For example, Harvard Law School's flagship journal is the ''Harvard Law Review'', and it has 16 other secondary journals such as the '' Harvard Journal of Law & Technology'' and the ''Harvard Civil Rights ...
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Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a col ...
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