Law Commons^™

Has The Pennsylvania Superior Court Misread Terry & Adams?, Robert Berkley Harper

Scholarship

Recent decisions by the Pennsylvania Superior Court relating to fourth amendment search and seizure issues are criticized in this article as being contrary to authoritative decisions of the United States Supreme Court. The author traces the development in the superior court of an intermediate response doctrine, whereby the authority of police officers to stop and frisk suspects on grounds amounting to less than probable cause is greatly enhanced. It is suggested that such authority is at odds with the United States Constitution and thereby poses a threat to the freedom of all citizens of the Commonwealth of Pennsylvania.