DeAndre McMichaels v. Illinois
FourthAmendment SecondAmendment
Whether an officer's belief that a person is armed allows the officer to infer for purposes of a Terry search that the person is 'presently dangerous' and thus subject to seizure
QUESTION PRESENTED FOR REVIEW In the wake of McDonald v. City of Chicago, 561 U.S. 742 (2010), jurisdictions throughout the nation have recognized the breadth and importance of the Second Amendment right to bear arms. Many states now allow some form of public carry of firearms, sometimes in conjunction with a license and registration requirement. The Fourth Amendment requires reasonable suspicion or probable cause that a person is involved in criminal activity before they can be detained by police. Terry v. Ohio, 392 U.S. 1 (1968). This question presented in this case is: In a state that permits residents to legally carry concealed firearms while in public, whether or under what circumstances an officer’s belief that a person is armed allows the officer to infer for purposes of a Terry search that the person is “presently dangerous” and thus subject to seizure? i