36 Pages Posted: 6 Feb 2012 Last revised: 26 Oct 2013
Date Written: September 23, 2013
This article revisits the emergence of stop and frisk law in the 1960s to make three points. One, the impetus for formalizing police stops arose midst confusion generated by Mapp v. Ohio, the landmark Warren Court opinion incorporating the exclusionary rule to the states. Two, police over-reactions to Mapp intersected with fears of urban riots, leading to a formalization of stop and frisk rules that aimed at better containing inner-city minority populations. Three, the heightened control of urban streets coupled with the heightened protection of the private home bore geographic implications, interiorizing liberty in ways that perpetuated a national narrative of expanding freedoms even as it contributed to black incarceration.
Keywords: criminal procedure, race, rights, Warren Court, riots, protest, demonstration, Epton, Mapp v. Ohio
Suggested Citation: Suggested Citation
Walker, Anders, 'To Corral and Control': Stop, Frisk, and the Geography of Freedom (September 23, 2013). University of Richmond Law Review, Forthcoming May 2014; Saint Louis U. Legal Studies Research Paper No. 2012-05 . Available at SSRN: https://ssrn.com/abstract=1999471 or http://dx.doi.org/10.2139/ssrn.1999471