Document Type
Article
Publication Date
1994
Recommended Citation
Godsey, Mark A., "When Terry Met Miranda: Two Constitutional Doctrines Collide" (1994). Faculty Articles and Other Publications. 89.
https://scholarship.law.uc.edu/fac_pubs/89
Comments
This Article explores the conflict created by Berkemer and the recent expansion of Terry and attempts to answer some of the questions that the federal courts now face. Part I provides a brief overview of Miranda doctrine, and answers the question: At what point during a police-citizen encounter are Miranda warnings required? Part II explores the Fourth Amendment and Terry and tracks the changes that Terry has gone through in recent years. This part also discusses Terry's relationship to Miranda at various points as Terry has evolved. Part III outlines the three options that the federal courts may invoke to resolve this conflict, compares the pros and cons of each option, and sets forth the author's view of what is the best course for courts to take in harmonizing several competing interests.