Terry v. Ohio · ¶33

Our evaluation of the proper balance that has to be struck in this type of case leads us to conclude that there must be a narrowly drawn authority to permit a reasonable search for weapons for the protection of the police officer, where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime. The officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger. Cf. Beck v. Ohio, 379 U. S. 89, 91 (1964); Brinegar v. United States, 338 U. S. 160, 174-176 (1949); Stacey v. Emery, 97 U. S. 642, 645 (1878). And in determining whether the officer acted reasonably in such circumstances, due weight must be given, not to his inchoate and…

U. S. Reports, bound volume
U. S. Reports, volume 392, at 1 (Library of Congress) · transcription: Caselaw Access Project
Passage preview. Read in context for the complete text, notes and references.