Abstract
The controversies spawned by the Supreme Court’s decision in Terry v. Ohio are just about as expansive as the decision’s implications for the development of Fourth Amendment doctrine. And it was recently observed that it is perhaps the most criticized Fourth Amendment decision since the modern Supreme Court belatedly incorporated the amendment, and eventually the exclusionary rule.3 Fortunately, there is neither time nor space to address and fully resolve all of these controversies, or even to determine whether the case was just wrongly decided; the somewhat narrower thesis of this Article is that the long-term impact of Terry on the development of Fourth Amendment law—and on the whole idea of judicial supervision of law enforcement’s Fourth Amendment activities—has been truly disastrous, as the Burger, Rehnquist, and Roberts Courts have all taken the case and run with it.
Recommended Citation
Thomas B. McAffee,
Setting Us Up for Disaster: The Supreme Court's Decision in Terry v. Ohio,
12
Nev. L.J.
609
(2012).
Available at:
https://scholars.law.unlv.edu/nlj/vol12/iss3/13