Terry v. Ohio at 50: What It Created, What It has Meant, is It Under Attack and is the Court Opening the Door to Police Misconduct?
Swartz, Jeffrey D.
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Fifty years ago, the United States Supreme Court issued their opinion in Terry v. Ohio. The underpinnings of this decision became the bedrock of Fourth Amendment jurisprudence. This article re-examines that decision, and its effect on the development of Fourth Amendment jurisprudence. What is the lasting effect, if any, of Utah v. Strieff and Heien v. North Carolina on Terry? Ultimately, this article is designed to bring the issues forward, and challenge the reader to examine what appears to be innocuous cases, the subtle attack on Terry's objective standards and the individual protections the case created, and whether, after fifty years, is the court is receding from Terry, and, in favor of a good faith exception.