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. In short, "[t]he Fourth Amendment cases are a mess."
Esther J. Windmueller,
Reasonable Articulable Suspicion - The Demise of Terry v. Ohio and Individualized Suspicion,
U. Rich. L. Rev.
Available at: https://scholarship.richmond.edu/lawreview/vol25/iss3/7