Open Access. Powered by Scholars. Published by Universities.®

Law and Race Commons

Open Access. Powered by Scholars. Published by Universities.®

University of Nevada, Las Vegas -- William S. Boyd School of Law

Series

2007

Articles 1 - 1 of 1

Full-Text Articles in Law and Race

The Spirit Of 1968: Toward Abolishing Terry Doctrine, Frank Rudy Cooper Jan 2007

The Spirit Of 1968: Toward Abolishing Terry Doctrine, Frank Rudy Cooper

Scholarly Works

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.