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Terry V. Ohio

  • Date Submitted: 05/23/2013 10:25 AM
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Terry V. Ohio & Yabarra V. Illinois
LaShaunda Smith
April 30, 2013
Criminal Procedure and the Constitution
Everest University

Do an Internet search and find a criminal procedure case that relies on the precedent set in Terry v. Ohio.  Thoroughly explain the case and state exactly what the court in the case stated about Terry v. Ohio.  The case must specifically cite Terry v. Ohio.
U.S Supreme Court
Yabarra V. Illinois, 444 U.S. 85 (1979
No 78-5937 Argued: October 9,1979 Decided: November 28,1979
Appeal from the appellate Court of Illinois
An Illinois statute authorizes law enforcement officers to detain and search any person
Found on premises being searched pursuant to search warrant to protect themselves from an attack or to prevent the disposal concealment of anything described in the warrant. Special agents of the Illinois Bureau of Investigation presented a “complain for search warrant” to a judge of an Illinois Circuit Court. The complaint recited that the agent had spoken with an informant known to the police to be reliable that the informant had a strong complaint. The judge issued a warrant allowing a search of the Aurora Tap Tavern and also Greg, the bartender. In the late afternoon of that day, 7 or 8 officers proceeded to the tavern. The officers announced and advised all those presented that they were going to conduct a cursory search for weapons one of the officers them proceeded to pat down each of the 9 to 13 customers present in the tavern, while the rest of the officers proceeded with the search the rest of the tavern. The police officer who frisked the patrons found the appellant, Ybarra in front of the bar standing by a pinball machine. When frisking Ybarra for the first time the officer felt a cigarette pack with objects in it but he didn’t remove it. The officer returned to Ybarra once again 2-10 minutes after the first and frisked him again, this time removing the cigarette package and finding heroin.
…nor was the action of the...

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