Thursday, October 19, 2017
Rachel Harmon and Andrew Manns (University of Virginia School of Law and University of Virginia School of Law, J.D. 2017) have posted Proactive Policing and the Legacy of Terry (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract:
This essay explores the critical relationship between Terry v. Ohio and contemporary proactive policing strategies. Unlike most Supreme Court cases, which portray policing only in the form of criminal investigation, in Terry’s portrayal, officers roam urban streets and intervene to solve problems as they emerge. Yet, we argue, even as Terry provided a more realistic picture of traditional patrol policing, it also made possible the forms of policing that now supplement and even displace that model. Contemporary proactive policing strategies often utilize stops and frisks programmatically to prevent crime rather than uncover or respond to it. The Terry Court recognized that constitutional law could not fully regulate traditional policing on urban streets. We argue that the doctrine is even less useful for managing the new world of policing that Terry has wrought.