Mark David Galloway v. United States
FourthAmendment CriminalProcedure
Whether the Ninth Circuit has unjustifiably expanded the Terry exception to the probable cause requirement by creating a new category of exempt seizures when a suspect is armed or dangerous, no matter the circumstances or intrusiveness of that seizure
Question Presented for Review The Ninth Circuit has split from this Court’s precedent to create a new category of seizures exempt from the Fourth Amendment’s requirement of probable cause. So long as law enforcement believes a suspect is armed or dangerous, it does not matter in the Ninth Circuit how intrusive the encounter becomes—it is categorically not an arrest, only a “Terry” stop, which is justified on reasonable suspicion alone. The question presented is: Whether the Ninth Circuit has unjustifiably expanded the Terry exception to the probable cause requirement by creating a new category of exempt seizures when a suspect is armed or dangerous, no matter the circumstances or intrusiveness of that seizure. i