Jun 4, 2025

Terry Stop

Terry Stop: Definition and Legal Standards

Introduction

A Terry stop is a brief detention of a person by police on reasonable suspicion of involvement in criminal activity but short of probable cause to arrest. The name comes from the landmark U.S. Supreme Court case Terry v. Ohio (1968).

Legal Background

What is a Terry stop in the 4th Amendment?

The Fourth Amendment protects individuals from unreasonable searches and seizures. A Terry stop is considered a “seizure” under the Fourth Amendment, but it is less intrusive than an arrest. The Supreme Court ruled in Terry v. Ohio that police may stop and briefly detain a person if they have reasonable suspicion that the person is involved in criminal activity.

Standards for a Terry Stop

What level of proof is required for a Terry stop?

For a Terry stop to be lawful, police must have “reasonable suspicion”—a standard lower than probable cause but more than a vague hunch. Reasonable suspicion must be based on specific and articulable facts, taken together with rational inferences from those facts, that criminal activity is afoot.

What is the purpose of a Terry stop?

The primary purpose of a Terry stop is to allow police officers to investigate suspicious behavior without the need for probable cause to arrest. It enables officers to quickly confirm or dispel their suspicions of criminal activity, ensuring both public safety and the protection of individual rights.

During the Stop

Are you free to leave during a Terry stop?

During a Terry stop, a person is not free to leave. The stop constitutes a temporary seizure under the Fourth Amendment, meaning the individual must comply with the officer’s instructions for the duration of the stop. However, the detention must be brief and limited in scope.

Conclusion

Terry stops are a critical tool for law enforcement, balancing the need for public safety with constitutional protections against unreasonable searches and seizures. Understanding the legal standards and limitations of these stops helps ensure that both police and citizens know their rights and responsibilities.

Terry Stop