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72 St. John's L. Rev. 733 (1998)
Prosecutor's Perspective on Terry: Detective McFadden Had a Right to Protect Himself

handle is hein.journals/stjohn72 and id is 745 raw text is: THE PROSECUTOR'S PERSPECTIVE ON TERRY: DETECTIVE McFADDEN HAD A RIGHT TO PROTECT HIMSELF REUBEN M. PAYNE* In all cases that appear before the Court, there are differ- ences of opinion as to what happened or what took place. By the time Terry v. Ohio' reached the United States Supreme Court, it was my understanding that Mr. Chilton had been killed while perpetrating a robbery in Columbus, Ohio. Prior to the Supreme Court hearing, or subsequently thereto, Mr. Terry was confined to an asylum for the criminally insane. Hindsight speaks most eloquently on behalf of Detective McFadden's actions and con- duct. Speaking of Detective McFadden, he was an exceptional po- lice officer. He had been on the force for thirty-nine years at the time of the Terry incident. Two years after joining the police force, his talents as an able, capable, and intelligent police officer were sufficient to earn him a promotion to detective. For ap- proximately thirteen years, he handled cases that came through the detective bureau with excellent results. McFadden was in- jured and then assigned to light duty patrol in the downtown Cleveland area. He was often referred to as a door shaker. A door shaker was a police officer assigned for benefit of the mer- chants in the heavy populated downtown area. His duties were to prevent petty thieveries and robberies, and to observe all per- sons whomay be contemplating the commission of a robbery, pickpockets or boosters. He had an uncanny memory for faces and people who had been responsible for previous criminal activ- ity. He would stand for hours observing people, their actions, and conduct. * Retired attorney, Glendale, Arizona. B.A., Cleveland College, Western Reserve University, 1949; J.D., Cleveland-Marshall Law School, 1952. Assistant Prosecuting Attorney, Office of the Prosecuting Attorney, County of Cuyahoga, Cleveland, Ohio, 1953-1959, 1961-1969. ' 392 U.S. 1 (1968).

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