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Article: Terry and fourth amendment first principles
- Article from:
- St. John's Law Review
- Article date:
- July 1, 1998
- Author:
CopyrightCopyright St. John's Law Review Association Summer 1998. Provided by ProQuest LLC. (Hide copyright information)
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The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ....
INTRODUCTION: A TALE OF TWO TERRYS
Thirty years after the Supreme Court's landmark decision in Terry v. Ohio1 and almost seven
-times-thirty years after the adoption of the Fourth Amendment, many lawyers, scholars, and judges still fail to grasp the basic insights of the case and the first principles of the Amendment. Chief Justice Warren's opinion for the Court in Terry must bear some of the blame for the current confusion. Even as the great Chief of the great Court pointed forward to a more sensible understanding of the Amendment, he ...