Terry V. Ohio - Dissenting Opinion

Dissenting Opinion

Justice Douglas strongly disagreed with permitting a stop and search absent probable cause:

"We hold today that the police have greater authority to make a 'seizure' and conduct a 'search' than a judge has to authorize such action. We have said precisely the opposite over and over again." (392 U.S. 1, at 37).

"To give the police greater power than a magistrate is to take a long step down the totalitarian path. Perhaps such a step is desirable to cope with modern forms of lawlessness. But if it is taken, it should be the deliberate choice of the people through a constitutional amendment." (392 U.S. 1, at 38).