Assignment 2: Terry V.Ohio 392 U.S. 1, 88 S. Ct. 1868, 20 L. ED.2d 889, 1968 U.S. Due Week 8 and worth 150 points The Fourth Amendment of the U.S. Constitution limits the power of the police to make arrests, search people and their property, and seize objects and contraband, such as illegal drugs or weapons. These limits are the bedrock of search and seizure law and are ultimately at the root of your right to privacy. Analyze the following case in preparation for a systematic approach to your synthesis of law and fact: Terry v. Ohio located at http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=392&invol=1 Write an eight to ten (8-10) page legal Memorandum paper in which you: Summarize five (5) key aspects of Terry v. Ohio . Posit whether or not you believe law enforcement violated Terry and the other men’s right to privacy which the Fourth Amendment guarantees. Justify your position. Examine the dissenting opinion of Justice Douglas, as discussed in the case. Discuss the origins and importance of probable cause as it relates to law enforcement’s discretion to search Terry’s car in this case. Examine the two part test provided by the Court in Terry that first asks whether the officer’s action is justified at its inception; and second, asks whether it is reasonably related in scope to the circumstances which justified the interference in the first place. Discuss whether or not this test leaves officers with too much discretion when making a determination to stop an individual. Provide a rationale for your response. Examine the Court’s holding in Terry that provides that probable cause is based upon the totality of the circumstances. Review the factors that help shape the totality of circumstances, such as specialized knowledge of the officers, investigative inferences, personal observations of suspicious behavior, and information from other sources. Question whether these factors in question are too subjective to establish probable cause. Provide a rationale for your response. Debate the validity of the Court’s holding that “whenever a police officer accosts an individual and restrains his freedom to walk away, he has “seized” that person with the meaning of the Fourth Amendment. Justify your response. Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resources. Your assignment must follow these formatting requirements: Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions. Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length. The specific course learning outcomes associated with this assignment are: Illustrate the workings.

1. Assignment 2:
Terry V.Ohio
392 U.S. 1, 88 S. Ct. 1868, 20 L. ED.2d 889, 1968 U.S.
Due Week 8 and worth 150 points
The Fourth Amendment of the U.S. Constitution limits the
power of the police to make arrests, search people and their
property, and seize objects and contraband, such as illegal drugs
or weapons. These limits are the bedrock of search and seizure
law and are ultimately at the root of your right to privacy.
Analyze the following case in preparation for a systematic
approach to your synthesis of law and fact:
Terry v. Ohio
located at
http://caselaw.lp.findlaw.com/cgi-
bin/getcase.pl?court=us&vol=392&invol=1
Write an eight to ten (8-10) page legal Memorandum paper in
which you:
Summarize five (5) key aspects of
Terry v. Ohio
.
Posit whether or not you believe law enforcement violated Terry
and the other men’s right to privacy which the Fourth
Amendment guarantees. Justify your position.
Examine the dissenting opinion of Justice Douglas, as discussed
in the case. Discuss the origins and importance of probable
cause as it relates to law enforcement’s discretion to search
Terry’s car in this case.
Examine the two part test provided by the Court in

2. Terry
that first asks whether the officer’s action is justified at its
inception; and second, asks whether it is reasonably related in
scope to the circumstances which justified the interference in
the first place.
Discuss whether or not this test leaves officers with too much
discretion when making a determination to stop an individual.
Provide a rationale for your response.
Examine the Court’s holding in
Terry
that provides that probable cause is based upon the totality of
the circumstances. Review the factors that help shape the
totality of circumstances, such as specialized knowledge of the
officers, investigative inferences, personal observations of
suspicious behavior, and information from other sources.
Question whether these factors in question are too subjective to
establish probable cause. Provide a rationale for your response.
Debate the validity of the Court’s holding that “whenever a
police officer accosts an individual and restrains his freedom to
walk away, he has “seized” that person with the meaning of the
Fourth Amendment. Justify your response.
Use at least two (2) quality references.
Note:
Wikipedia and other Websites do not qualify as academic
resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size
12), with one-inch margins on all sides; citations and references
must follow APA or school-specific format. Check with your
professor for any additional instructions.
Include a cover page containing the title of the assignment, the
student’s name, the professor’s name, the course title, and the
date. The cover page and the reference page are not included in
the required assignment page length.

3. The specific course learning outcomes associated with this
assignment are:
Illustrate the workings of the adversary system.
Use technology and information resources to research issues in
U.S. Courts.
Write clearly and concisely about U.S. Courts using proper
writing mechanics and APA style conventions.
Grading for this assignment will be based on answer quality,
logic/organization of the paper, and language and writing skills,
using the following rubric.
Click here to view the rubric.
Points: 150
Assignment 2:
Terry V.Ohio
392 U.S. 1, 88 S. Ct. 1868, 20 L. ED.2d 889, 1968 U.S.
Criteria
Unacceptable
Below 60% F
Meets Minimum Expectations
60-69% D
Fair
70-79% C
Proficient
80-89% B
Exemplary
90-100% A
Summarize five (5) key aspects of
Terry v. Ohio
.

4. Weight: 5%
Did not submit or incompletely summarized five (5) key aspects
of
Terry v. Ohio
.
Insufficiently summarized five (5) key aspects of
Terry v. Ohio
.
Partially summarized five (5) key aspects of
Terry v. Ohio
.
Satisfactorily summarized five (5) key aspects of
Terry v. Ohio
.
Thoroughly summarized five (5) key aspects of
Terry v. Ohio
.
Posit whether or not you believe law enforcement violated Terry
and the other men’s right to privacy which is secured by the
Fourth Amendment. Justify your position.
Weight: 20%
Did not submit or incompletely posited whether or not you
believe law enforcement violated Terry and the other men’s
right to privacy which is secured by the Fourth Amendment. Did
not submit or incompletely justified your position.
Insufficiently posited whether or not you believe law
enforcement violated Terry and the other men’s right to privacy
which is secured by the Fourth Amendment. Insufficiently
justified your position.
Partially posited whether or not you believe law enforcement
violated Terry and the other men’s right to privacy which is
secured by the Fourth Amendment. Partially justified your
position.
Satisfactorily posited whether or not you believe law
enforcement violated Terry and the other men’s right to privacy
which is secured by the Fourth Amendment. Satisfactorily

5. justified your position.
Thoroughly posited whether or not you believe law enforcement
violated Terry and the other men’s right to privacy which is
secured by the Fourth Amendment. Thorouughly justified your
position.
Examine the dissenting opinion of Justice Douglas, and discuss
the origins and importance of probable cause as it relates to law
enforcement’s discretion to search Terry’s car in this case.
Weight: 10%
Did not submit or incompletely examined the dissenting opinion
of Justice Douglas, and did not submit or incompletely
discussed the origins and importance of probable cause as it
relates to law enforcement’s discretion to search Terry’s car in
this case.
Insufficiently examined the dissenting opinion of Justice
Douglas, and insufficiently discussed the origins and
importance of probable cause as it relates to law enforcement’s
discretion to search Terry’s car in this case.
Partially examined the dissenting opinion of Justice Douglas,
and partially discussed the origins and importance of probable
cause as it relates to law enforcement’s discretion to search
Terry’s car in this case.
Satisfactorily examined the dissenting opinion of Justice
Douglas, and satisfactorily discussed the origins and importance
of probable cause as it relates to law enforcement’s discretion
to search Terry’s car in this case.
Thoroughly examined the dissenting opinion of Justice Douglas,
and thoroughly discussed the origins and importance of
probable cause as it relates to law enforcement’s discretion to
search Terry’s car in this case.
Examine the two part test provided by the Court in
Terry
that first asks whether the officer’s action was justified at its
inception and second asks whether it was reasonably related in
scope to the circumstances which justified the interference in
the first place.

6. Discuss whether or not this test leaves officers with too much
discretion when making a determination to stop an individual.
Weight: 20%
Did not submit or incompletely examined the two part test
provided by the Court in
Terry
that first asks whether the officer’s action was justified at its
inception and second whether it was reasonably related in scope
to the circumstances which justified the interference in the first
place. Did not submit or incompletely discussed whether or not
this test leaves officers with too much discretion when making a
determination to stop an individual.
Insufficiently examined the two part test provided by the Court
in
Terry
that first asks whether the officer’s action was justified at its
inception and second whether it was reasonably related in scope
to the circumstances which justified the interference in the first
place. Insufficiently discussed whether or not this test leaves
officers with too much discretion when making a determination
to stop an individual.
Partially examined the two part test provided by the Court in
Terry
that first asks whether the officer’s action was justified at its
inception and second whether it was reasonably related in scope
to the circumstances which justified the interference in the first
place. Partially discussed whether or not this test leaves officers
with too much discretion when making a determination to stop
an individual.
Satisfactorily examined the two part test provided by the Court
in
Terry
that first asks whether the officer’s action was justified at its
inception and second whether it was reasonably related in scope
to the circumstances which justified the interference in the first
place. Satisfactorily discussed whether or not this test leaves

7. officers with too much discretion when making a determination
to stop an individual.
Thoroughly examined the two part test provided by the Court in
Terry
that first asks whether the officer’s action was justified at its
inception and second whether it was reasonably related in scope
to the circumstances which justified the interference in the first
place. Thoroughly discussed whether or not this test leaves
officers with too much discretion when making a determination
to stop an individual.
Examine the Court’s holding in
Terry
that provides that probable cause is based upon the totality of
the circumstances. Review the factors that help shape the
totality of circumstances, such as specialized knowledge of the
officers, investigative inferences, personal observations of
suspicious behavior, and information from other sources.
Question whether these factors in question are too subjective to
establish probable cause. Provide a rationale for your response.
Weight: 20%
Did not submit or incompletely examined the Court’s holding in
Terry
that provides that probable cause is based upon the totality of
the circumstances. Did not submit or incompletely reviewed the
factors that help shape the totality of circumstances, such as
specialized knowledge of the officers, investigative inferences,
personal observations of suspicious behavior, and information
from other sources. Did not submit or incompletely questioned
whether these factors in question are too subjective to establish
probable cause. Did not submit or incompletely provided a
rationale for your response.
Insufficiently examined the Court’s holding in
Terry
that provides that probable cause is based upon the totality of
the circumstances. Insufficiently reviewed the factors that help
shape the totality of circumstances, such as specialized

8. knowledge of the officers, investigative inferences, personal
observations of suspicious behavior, and information from other
sources. Insufficiently questioned whether these factors in
question are too subjective to establish probable cause.
Insufficiently provided a rationale for your response.
Partially examined the Court’s holding in
Terry
that provides that probable cause is based upon the totality of
the circumstances. Partially reviewed the factors that help shape
the totality of circumstances, such as specialized knowledge of
the officers, investigative inferences, personal observations of
suspicious behavior, and information from other sources.
Partially questioned whether these factors in question are too
subjective to establish probable cause. Partially provided a
rationale for your response.
Satisfactorily examined the Court’s holding in
Terry
that provides that probable cause is based upon the totality of
the circumstances. Satisfactorily reviewed the factors that help
shape the totality of circumstances, such as specialized
knowledge of the officers, investigative inferences, personal
observations of suspicious behavior, and information from other
sources. Satisfactorily questioned whether these factors in
question are too subjective to establish probable cause.
Satisfactorily provided a rationale for your response.
Thoroughly examined the Court’s holding in
Terry
that provides that probable cause is based upon the totality of
the circumstances. Thoroughly reviewed the factors that help
shape the totality of circumstances, such as specialized
knowledge of the officers, investigative inferences, personal
observations of suspicious behavior, and information from other
sources. Thoroughly questioned whether these factors in
question are too subjective to establish probable cause.
Thoroughly provided a rationale for your response.
Debate the validity of the Court’s holding that whenever a

9. police officer accosts an individual and restrains his freedom to
walk away, he has “seized” that person with the meaning of the
Fourth Amendment. Justify your response.
Weight: 10%
Did not submit or incompletely debated the validity of the
Court’s holding that whenever a police officer accosts and
individual and restrains his freedom to walk away, he has
“seized” that person with the meaning of the Fourth
Amendment. Did not submit or incompletely justified your
response.
Insufficiently debated the validity of the Court’s holding that
whenever a police officer accosts and individual and restrains
his freedom to walk away, he has “seized” that person with the
meaning of the Fourth Amendment. Insufficiently justified your
response.
Partially debated the validity of the Court’s holding that
whenever a police officer accosts and individual and restrains
his freedom to walk away, he has “seized” that person with the
meaning of the Fourth Amendment. Partially justified your
response.
Satisfactorily debated the validity of the Court’s holding that
whenever a police officer accosts and individual and restrains
his freedom to walk away, he has “seized” that person with the
meaning of the Fourth Amendment. Satisfactorily justified your
response.
Thoroughly debated the validity of the Court’s holding that
whenever a police officer accosts and individual and restrains
his freedom to walk away, he has “seized” that person with the
meaning of the Fourth Amendment. Thoroughly justified your
response.
2 references Weight: 5%
No references provided
Does not meet the required number of references; all references
poor quality choices.
Does not meet the required number of references; some
references poor quality choices.

10. Meets number of required references; all references high quality
choices.
Exceeds number of required references; all references high
quality choices.
8. Clarity, writing mechanics, and formatting requirements
Weight: 10%
More than 8 errors present
7-8 errors present
5-6 errors present
3-4 errors present
0-2 errors present