Document Type

Article

Publication Date

2007

Abstract

In this essay, Professor Frank Rudy Cooper summarizes how the Terry opinion's refusal to apply the probable cause standard made Fourth Amendment doctrine more conservative. He then suggests that the result has gone largely unchallenged because whites have been willing to trade decreases in the civil liberties of blacks for perceived increases in crime control. Prof Cooper concludes by calling on us to consider returning to the spirit of the beginning of 1968 by abolishing Terry doctrine.

Publication Citation

31 N.Y.U. Rev. L. & Soc. Change 538 (2007).

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