Alabama v. White Page 20

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Media for Alabama v. White

Audio Transcription for Oral Argument - April 17, 1990 in Alabama v. White

Byron R. White:

That's an automobile stop.

David B. Byrne, Jr.:

--Yes, sir, and I... I understand now the distinction you're making.

In an automobile stop there, that was different in the sense that we... the... in the analogy your gave, the vehicle has coming to a stop, she's getting ready to go to the drug store.

But in Terry--

Byron R. White:

xxx car and you say, excuse me.

David B. Byrne, Jr.:

--Excuse me, but in this case, in Terry, the officer, who was a trained officer for many years of experience, observed suspicious activity independent of whatever she did.

And I think that makes a difference, sir, because there it looked as if they were casing the joint for some period of time before they approached Terry and his friends, asked for their names, and they mumbled something, reached for the pocket and the officer put his hand in there.

And at that point, of course, this Court upheld Terry.

But Terry was defined in the narrowest possible terms by the Chief Justice.

Is it always unreasonable?

And I would respectfully suggest that we have not moved beyond that narrow framework of Terry by reason of the... the time that has passed.

Thank you.

William H. Rehnquist:

Thank you, Mr. Byrne.

Mr. Marston, do you have a rebuttal?

You have four minutes remaining.

Joseph G. L. Marston, III:

Your Honor, I did not plan to have any, but I would be happy to answer any additional questions the Court might have.

William H. Rehnquist:

Apparently, there are none.

Thank you.

The case is submitted.

Joseph G. L. Marston, III:

Thank you, Your Honor.

The honorable court is now adjourned until tomorrow at ten o'clock.