TITLE

FOURTH AMENDMENT--THE EXPANSION OF THE TERRY DOCTRINE TO COMPLETED FELONIES

AUTHOR(S)
Pettus, Jolene D.
PUB. DATE
December 1985
SOURCE
Journal of Criminal Law & Criminology;Winter1985, Vol. 76 Issue 4, p986
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This note examines the U.S. Supreme Court's decision in United States v. Hensley. In this case, the States Supreme Court held that when law enforcement officers have a reasonable suspicion, based on specific and articulable facts, that a suspect is wanted in connection with a completed felony, the officers may stop and investigate that person. The Court in Hensley derived its holding from the landmark case of Terry v. Ohio, which held that the police may stop a person and briefly detain him if the officers have a reasonable suspicion that the person is involved in criminal activity. The Hensley Court thus expanded the Terry decision to encompass the investigation of any person who is suspected of being involved in completed criminal activity. The Court in Hensley also held that if a flyer has been issued on the basis of articulable facts, grounded in a reasonable suspicion that the person sought has committed a criminal offense, then officers in a neighboring department may rely on the flyer. This note examines the reasoning that underlies the Court's willingness to extend the Terry decision to include the investigation of completed felonies and to foster interdepartmental reliance. In addition, this note argues that the Supreme Court's decision in Hensley is justified in light of the compelling governmental interests of bringing at large offenders to justice.
ACCESSION #
17516056

 

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