• Terry v. Ohio in Criminal Procedure | They Don't Teach You That In Law School

  • Feb 5 2025
  • Length: 32 mins
  • Podcast

Terry v. Ohio in Criminal Procedure | They Don't Teach You That In Law School

  • Summary

  • At the heart of today's conversation is a fundamental question: Do we as citizens have to identify ourselves to the police during a stop? This isn't just a theoretical query; it stems from real-world implications of policies like stop, frisk, and identify. Steve, Bella, and Troy break down the nuances between criminal law and criminal procedure, tackling topics from the famous Terry v. Ohio case to reasonable suspicion and probable cause.

    But this episode isn’t just about legal theory; it’s also about the practical applications and real-world consequences of these laws. From historical viewpoints such as Rudy Giuliani's broken window theory" in New York to the social justice implications of these policing policies, our panel digs deep into the intersections of law, society, and individual rights.

    So, if you've ever wondered what your rights are when approached by the police or how legal standards like "reasonable suspicion" actually play out in everyday life, this episode is for you.

    Key Moments

    00:00 "Usurping: Rights During Police Stops"

    05:10 Ohio's Constitutional Rights Challenges

    06:28 Rudy Giuliani's Journey

    11:28 Orderliness Reduces Theft Behavior

    14:36 Community Policing Theory

    19:25 Police Encounter: Reasonable Suspicion Explained

    20:21 Legal Standards: Reasonable Suspicion vs. Probable Cause

    26:03 "Police ID Request and Rights"

    28:11 Fruit of the Poisonous Tree Doctrine

    31:17 Socratic Method Enhances Critical Thinking

    Key Takeaways

    • Understanding Reasonable Suspicion: Our discussion honed in on the fine line between reasonable suspicion and probable cause. It's crucial to comprehend how these standards impact police stops and searches, especially in scenarios involving stop and frisk policies.
    • The Real-World Balance: Bella and Troy underscore the balance between ensuring public safety and protecting constitutional freedoms. They highlight the importance of applying the 4th Amendment in practical, real-world contexts to safeguard citizens' rights.
    • Learning Beyond Law School: Law school might equip you with foundational knowledge, but real-world experiences, like those discussed in our podcast, are vital. As Steve Palmer aptly puts it, law school teaches you to recognize how much you don't know, pushing you to explore and learn continuously.

    Submit your questions to www.lawyertalkpodcast.com.

    Recorded at Channel 511.

    Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

    Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

    He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

    Steve has unique experience handling numerous high publicity cases that have garnered national attention.

    For more information about Steve and his law firm, visit Palmer Legal Defense.

    Copyright 2025 Stephen E. Palmer - Attorney At Law

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