Does "Stop and Frisk" Include the Right to Remain Silent?

Link to Complete Article

"This article answers a question that has confounded the lower federal courts: whether a suspect briefly detained under the doctrine of Terry v. Ohio is obligated to answer police questions posed to her. Although the Supreme Court has never explicitly found a right to remain silent during a Terry stop, it has, through dicta, concurrences, and elsewhere, consistently assumed the existence of such a right. Nonetheless, more than fifty years after Terry was decided, lower federal courts consistently deny recovery to those who allege they were wrongfully arrested for refusing to answer police questions. Interestingly, these courts rarely reject outright the existence of a right to silence in the Terry context. Rather, they simply find that because such a right is not clearly established, officers who arrest suspects for refusing to answer their questions are entitled to qualified immunity."