Terry v. Ohio · ¶24

If this case involved police conduct subject to the Warrant Clause of the Fourth Amendment, we would have to ascertain whether “probable cause” existed to justify the search and seizure which took place. However, that is not the case. We do not retreat from our holdings that the police must, whenever practicable, obtain advance judicial approval of searches and seizures through the warrant procedure, see, e. g., Katz v. United States, 389 U. S. 347 (1967); Beck v. Ohio, 379 U. S. 89, 96 (1964); Chapman v. United States, 365 U. S. 610 (1961), or that in most instances failure to comply with the warrant requirement can only be excused by exigent circumstances, see, e. g., Warden v. Hayden, 387 U. S. 294 (1967) (hot pursuit); cf. Preston v. United States, 376 U. S. 364, 367-368 (1964). But we deal here with an entire rubric of police conduct — necessarily swift action predicated upon the…

U. S. Reports, bound volume
U. S. Reports, volume 392, at 1 (Library of Congress) · transcription: Caselaw Access Project
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