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Full-Text Articles in Law
Policing, Masculinities, And Judicial Acknowledgment, Nicholas J. Prendergast
Policing, Masculinities, And Judicial Acknowledgment, Nicholas J. Prendergast
Vanderbilt Law Review
In the 1980s, the Supreme Court held that courts must consider the “totality of the circumstances” when deciding the reasonableness of a police officer’s conduct in an excessive force suit. To this day, the precise meaning of “reasonableness” remains elusive. For years, courts around the country have struggled to articulate what police conduct should and—equally as saliently— should not be considered during reasonableness determinations. Thus far, the Supreme Court has been unwilling to substantively clarify its reasonableness doctrine. This lack of clarity has led to an untenable patchwork of differing legal frameworks throughout the United States.
This issue exists in …
Equality In The Streets: Using Proportionality Analysis To Regulate Street Policing, Christopher Slobogin
Equality In The Streets: Using Proportionality Analysis To Regulate Street Policing, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The racially disparate impact and individual and collective costs of stop and frisk, misdemeanor arrests, and pretextual traffic stops have been well documented. Less widely noticed is the contrast between Supreme Court case law permitting these practices and the Court's recent tendency to strictly regulate technologically enhanced searches that occur outside the street policing setting and that--coincidentally or not--happen to be more likely to affect the middle class. If, as the Court has indicated, electronic tracking and searches of digital records require probable cause that evidence of crime will be found, stops and frisks should also require probable cause that …