Challenges to Terry for the Twenty-First Century
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
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: 34Accepted Paper Series
Date posted: October 26, 2012
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