Aguilar v. State

GARRITY, Judge.

Over twenty years ago the United States Supreme Court, in the case of Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), created what is now known as the stop and frisk exception to the Fourth Amendment warrant requirement. At the time the exception was first recognized, it was considered by legal writers to have only limited application. Over the years the exception’s application has been broadened so that automobiles and even homes are subject to a police search under the exception. In the case before us we are asked to decide whether the scope of a Terry search…