United States v. George Willie Nicholas, Jr.

HEANEY, Circuit Judge.

This direct appeal presents the question which the United States Supreme Court reserved in Terry v. Ohio, 392 U. S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968): namely, whether an investigative “seizure,” upon less than probable cause, for purposes of “detention” and/or interrogation is constitutionally permissible.

Shortly after 11:00 on the night of June 11, 1970, three St. Louis City police officers were on routine patrol in an area of the city known for its high incidence of narcotics traffic. The officers halted their car in a parking lot. Upon doing so, they noticed a…