Title

a1 - Terry v. Ohio: A Practically Perfect Doctrine

Document Type

Article

Publication Date

1998

Abstract

Saltzburg lists four main points to this thesis:

1. Terry itself failed to provide a clear enough yardstick for law enforcement, and without further elaboration by the Supreme Court, the doctrine might have become unworkable.

2. Subsequent Supreme Court elaborations on Terry have developed a standard that is as clear as most Fourth Amendment standards can be and that is adequate to distinguish permissible from impermissible law enforcement confrontations with citizens, at least as far as stops are concerned.

3. The extension of Terry to a number of different situations that are analogous to stops has been, for the most part, logical and defensible.

4. The aspect of Terry that is the most problematic and that requires a more subtle approach than the Court has offered thus far is "the frisk."

Volume

72

Issue

3