Challenges to Terry for the Twenty-First Century

34 Pages Posted: 26 Oct 2012

See all articles by Richard Myers

Richard Myers

University of North Carolina School of Law

Date Written: October 24, 2012

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.

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: https://ssrn.com/abstract=2166260

Richard Myers (Contact Author)

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

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