Monday, November 5, 2012
Richard Myers (University of North Carolina (UNC) at Chapel Hill - School of Law) has posted Challenges to Terry for the Twenty-First Century (Mississippi Law Journal, Vol. 81, No. 5, 2012) on SSRN. Here is the 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.