Terry v. Ohio · ¶14

In this context we approach the issues in this case mindful of the limitations of the judicial function in controlling the myriad daily situations in which policemen and citizens confront each other on the street. The State has characterized the issue here as “the right of a police officer... to make an on-the-street stop, interrogate and pat down for weapons (known in street vernacular as ‘stop and frisk’).” But this is only partly accurate. For the issue is not the abstract propriety of the police conduct, but the admissibility against petitioner of the evidence uncovered by the search and seizure. Ever since its inception, the rule excluding evidence seized in violation of the Fourth Amendment has been recognized as a principal mode of discouraging lawless police conduct. See Weeks v. United States, 232 U. S. 383, 391-393 (1914). Thus its major thrust is a deterrent one, see…

U. S. Reports, bound volume
U. S. Reports, volume 392, at 1 (Library of Congress) · transcription: Caselaw Access Project
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