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Terry V. Ohio Application Case, Essay Example

Pages: 1

Words: 301

Essay

Sibron v. New York, 392 U.S. 40 (1968).

This case was similar to Terry v. Ohio in which the precedent regarding the fourth Amendment was established. Sibron was seen and search by a New York Police officer for possession of illegal drugs. The officer reached into the Sibron’s pocket and found heroin for which he was arrested and charged. Sibron later tried to appeal the sentencing by saying the search was illegal. Both The intermediate state appellate court and New York Court of Appeals affrimed Sibron’s sentencing by applying the “stop and frisk” law – N.Y.Code Crim.Proc. § 180-a. Sibron served his six months with community service (US supreme court, 1968).

However, this decision was later overruled by Supreme Court of Appeal, which found that the heroin seizure was illegal applying the fourth amendment. ‘In No. 63, the heroin was illegally seized, and therefore inadmissible in evidence’ (US supreme Court, Pp. 392 U. S. 62-66). Precisely, it could not be justified as incident to a lawful arrest, since no probable cause existed before the search. Quoting Terry v Ohio case in section (b) specific emphasis related to a situation of inadequate grounds for the officer searching Sibron for weapons, which was also included in the arrest incident, was advanced. The premise established that there was no prior reason to substantiate the officer’s belief that the offender was armed and a danger to the environment or him. Even if it were so the search was not justifiable officer because the defendant did not try to arm the officer neither resisted any prior search which was constitutional before thrusting his hand into Sibron’s pocket (US Supreme Court, Terry v. Ohio, 1968).

References

US Supreme Court (1968). Text of Terry v. Ohio, 392 U.S. 1 (1968).

U.S. Supreme Court (1968). Sibron v. New York, 392 U.S. 40 (1968)

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