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NCJ Number: 183106 Find in a Library
Title: Eradicating Racial Sterotyping from Terry Stops: The Case for an Equal Protection Exclusionary Rule
Journal: University of Colorado Law Review  Volume:71  Issue:1  Dated:2000  Pages:255-294
Author(s): Lisa Walter
Date Published: 2000
Page Count: 40
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
Annotation: This Comment examines the legal theories considered in cases dealing with investigatory stops under the Fourth and Fourteenth Amendments, and explores the broader context in which airport and traffic stops reflect the zealous pursuit of the “War on Drugs.”
Abstract: Terry v. Ohio was the seminal case establishing a new type of police-citizen encounter called the investigatory stop. Although stops for traffic violations that serve as a pretext for drug searches infringe upon everyone’s constitutional rights, Terry stops disproportionately affect minorities. The Comment analyzes the Supreme Court’s current Fourth Amendment standards for establishing probable cause and reasonable suspicion and explores how race fits within that framework. It concludes that the Supreme Court’s recent interpretation of the Fourth Amendment does not prohibit racial targeting. The Comment investigates a recent phenomenon wherein courts have invoked the Fourteenth Amendment in criminal law enforcement situations, supports the trend and encourages its expansion by proposing an equal protection exclusionary rule. The Comment concludes that an exclusionary remedy under the Equal Protection Clause of the Fourteenth Amendment is necessary to address the problem of racial targeting in Terry stops and also outlines potential nonjudicial remedies to the problem. Notes
Main Term(s): Criminology
Index Term(s): Constitutional Rights/Civil Liberties; Equal Protection; Judicial decisions; Police policies and procedures; Police-citizen interactions; Racial discrimination; US Supreme Court decisions; Vehicle searches; Vehicle stops
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