Abstract

http://ssrn.com/abstract=2166260
 


 



Challenges to Terry for the Twenty-First Century


Richard Myers


University of North Carolina (UNC) at Chapel Hill - School of Law

October 24, 2012

Mississippi Law Journal, Vol. 81, No. 5, 2012
UNC Legal Studies Research Paper No. 2166260

Abstract:     
In this Article, the author argues that the Terry regime has a range of costs that may not be fully appreciated. It may cost us information in situations where probable cause does exist, because inarticulate police officers do not do a good job at recounting fast-moving events on the ground. Moreover, recasting the event in Terry terms may lead to memory contamination. The author argues that the rise of body-worn video will help the courts find a way forward, and that the constitutional regime needs the flexibility to allow courts to consider Fourth Amendment reasonableness based on all available information.

Number of Pages in PDF File: 34

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Date posted: October 26, 2012  

Suggested Citation

Myers, Richard, Challenges to Terry for the Twenty-First Century (October 24, 2012). Mississippi Law Journal, Vol. 81, No. 5, 2012; UNC Legal Studies Research Paper No. 2166260. Available at SSRN: http://ssrn.com/abstract=2166260

Contact Information

Richard Myers (Contact Author)
University of North Carolina (UNC) at Chapel Hill - School of Law ( email )
Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States
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