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Constitutional Law

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University of Richmond

1991

Sibron v. New York

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Reasonable Articulable Suspicion - The Demise Of Terry V. Ohio And Individualized Suspicion, Esther Jeanette Windmueller Jan 1991

Reasonable Articulable Suspicion - The Demise Of Terry V. Ohio And Individualized Suspicion, Esther Jeanette Windmueller

University of Richmond Law Review

The plethora of law review articles and cases on search and seizure demonstrates the confusion and frustration in fourth amendment stop-and-frisk jurisprudence. The fourth amendment to the Constitution guarantees that persons will be free of "unreasonable searches and seizures . . . and no Warrants shall issue but upon probable cause." A "stop-and-frisk" is a warrantless detention and search of a person by a police officer to investigate for unlawfulness. Although the United States Supreme Court has issued many investigative stop decisions, the Court has failed to promulgate a coherent and practical stop-and-frisk procedure for law enforcement personnel to follow. …