AuthorTitleCitationSummaryYearkey Terms in Title or Summary
Shawn M. Mamasis Fear of the Common Traffic Stop - "Ami Going to Jail?" the Right of Police to Arbitrarily Arrest or Issue Citations for Minor Misdemeanors in Atwater V. City of Lago Vista 27 Thurgood Marshall Law Review 85 (Fall, 2001) I. L2-3,T3Introduction 85. II. L2-3,T3Synopsis Of The Case: Facts 89. III. L2-3,T3History and Background 91. A. English Common Law Origin. 91 B. Development in the U.S: No One's in Agreement. 94 C. Modern View. 96 IV. L2-3,T3Supreme Court's Analysis 98. A. The Opinion. 98 B. Dissent. 101 V. L2-3,T3Critical Analysis: Where's Reasonable? 104. A.... 2001 Yes
Peter E. Moran Fourth Amendment--unreasonable Searches and Seizures --unprovoked Flight upon Noticing Police Officers While Present in a High-crime Area Are Relevant Factors Which Create a Reasonable Suspicion to Justify a Terry Stop and Thus Does Not Violate the Fourth 11 Seton Hall Constitutional Law Journal 859 (Summer 2001) The wicked man flees although no one pursues him; but the just man, like a lion, feels sure of himself. The shrewd man perceives evil and hides, while simpletons continue on and suffer the penalty. The freedom to travel without fear from government intrusion, whether it be on local city streets or among the states, is one of the most cherished... 2001 Yes
Felice F. Guerrieri Law & Order: Redefining the Relationship Between Prosecutors and Police 25 Southern Illinois University Law Journal 353 (Winter, 2001) In the criminal justice system, the People are represented by two separate, yet equally important groups, the police who investigate crime and the district attorneys who prosecute the offenders. These are their stories. This description of the two main players in the criminal justice system greets American television viewers week in and week out.... 2001 Yes
David Rudovsky Law Enforcement by Stereotypes and Serendipity: Racial Profiling and Stops and Searches Without Cause 3 University of Pennsylvania Journal of Constitutional Law 296 (February, 2001) On a summer evening in 1991, four young African-Americans were driving on I-95, returning to Delaware from a church service in Philadelphia. Although the driver had committed no traffic violations, the car was stopped just south of the Philadelphia International Airport by police officers from Tinicum Township. The officers ordered the occupants... 2001  
Reenah L. Kim Legitimizing Community Consent to Local Policing: the Need for Democratically Negotiated Community Representation on Civilian Advisory Councils 36 Harvard Civil Rights-Civil Liberties Law Review 461 (Summer, 2001) The law presently grants police officers considerable discretionary authority. This power constitutes both an essential law enforcement tool and a potential means for executing unfair and discriminatory practices. Recent media and political attention directed at issues like racial profiling underscores an increasing awareness among courts,... 2001 Yes
Lewis R. Katz Mapp after Forty Years: its Impact on Race in America 52 Case Western Reserve Law Review 471 (Winter, 2001) The facts in Mapp v. Ohio were not unusual. White plain-clothes police officers, looking for a man suspected of bombing Don King's home, surrounded Dollree Mapp's house, an African-American woman known to the police, when the suspect's car was found parked outside the house. They knocked on the door, but Mapp denied them entrance without a search... 2001  
Cynthia Leonardatos , David B. Kopel , Stephen P. Halbrook Miller Versus Texas: Police Violence, Race Relations, Capital Punishment, and Gun-toting in Texas in the Nineteenth Century--and Today 9 Journal of Law & Policy 737 (2001) Does the Second Amendment's protection of the right to keep and bear arms provide protection against state gun laws or only against federal gun laws? Should courts aggressively use the Fourteenth Amendment as a tool against racially biased big-city police departments that allegedly use excessive force? Can a man who claims that he shot a police... 2001 Yes
Laurie L. Levenson Police Corruption and New Models for Reform 35 Suffolk University Law Review Rev. 1 (2001) The television images are seared in our mindsfour police officers of the Los Angeles Police Department beating Rodney King; Rafael Perez, a decorated police officer, confessing to framing defendants, committing perjury, and shooting innocent gang members; Abner Louima recounting his tale of horror after being brutalized in a New York police... 2001 Yes
Laurie L. Levenson Police Corruption and New Models for Reform 35 Suffolk University Law Review 1 (2001) The television images are seared in our mindsfour police officers of the Los Angeles Police Department beating Rodney King; Rafael Perez, a decorated police officer, confessing to framing defendants, committing perjury, and shooting innocent gang members; Abner Louima recounting his tale of horror after being brutalized in a New York police; Search Snippet: ...SUFFOLK UNIVERSITY LAW REVIEW Suffolk University Law Review 2001 Article POLICE CORRUPTION AND NEW MODELS FOR REFORM Laurie L. Levenson [FNd1... 2001 Yes
Norberto Valdez , Marcia Fitzhorn , Cheryl Matsumoto , Tracey Emslie Police in Schools: the Struggle for Student and Parental Rights 78 Denver University Law Review 1063 (2001) Having police stationed in schools has the potential for enormous unintentional consequences on upcoming generations of children. Our research has shown a possible connection between police in schools and the over-representation of minorities in the juvenile justice system. Nationally, there is growing awareness on the issue of schools using police... 2001 Yes
Markus Dirk Dubber Policing Possession: the War on Crime and the End of Criminal Law 91 Journal of Criminal Law and Criminology 829 (Summer 2001) I. Introduction. 831 II. The Police Regime of the War on Crime. 839 A. Prevention. 841 B. Communitarianism. 845 C. Authoritarianism. 849 III. Policing Possession. 855 A. Simply Possession. 856 B. Possession in the Supreme Court. 875 C. Possession Plus. 901 1. Aggravation. 902 2. Presumption. 906 D. The New Vagrancy. 908 1. Reach: Privacy! What... 2001 Yes
Milton Heumann , Lance Cassak Profiles in Justice? Police Discretion, Symbolic Assailants, and Stereotyping 53 Rutgers Law Review 911 (Summer, 2001) In this Article, the Authors draw upon evidence and literature from both the social sciences and law to look at law enforcement practices involved in profiling generally and racial profiling specifically. Profiling is examined from the point of view of two of the players in law enforcement: the police and courts. For the police, research on police... 2001 Yes
Kevin R. Johnson Race Profiling in Immigration Enforcement 28-WTR Human Rights 23 (Winter, 2001) Author's Note: This article is adapted from an article entitled The Case Against Race Profiling in Immigration Enforcement, 78 Washington University Law Quarterly (forthcoming 2001). Policymakers and the courts have finally begun a long overdue reconsideration of race profiling, the formal and informal targeting of African Americans, Latinos, and... 2001  
Fran Lisa Buntman Ph.D. Race, Reputation, and the Supreme Court: Valuing Blackness and Whiteness 56 University of Miami Law Review Rev. 1 (October, 2001) [I]f He Be A Colored Man . . . He Is Not Lawfully Entitled To The Reputation Of Being A White Man. In the United States, being black, or not being white, has long been seen as a sign of criminality, or at least criminal propensity. The notion of racial profiling, recently the subject of considerable public attention, assumes that police officers,... 2001  
Thomas L. Johnson , Cheryl Widder Heilman Racial Disparity in the Criminal Justice System 58-JUN Bench and Bar of Minnesota 29 (May/June, 2001) Racial profiling has been a hot issue in Minnesota and across the nation in recent months. While certainly deserving of this attention, racial profiling is only one aspect of a much larger issue: the disproportionate number of African Americans, Latinos, American Indians, and other minorities who are arrested, convicted, and imprisoned by our... 2001  
Gregory M. Lipper Racial Profiling 38 Harvard Journal on Legislation 551 (Summer, 2001) On April 15, 1999, Representative John Conyers (D-Mich.), the ranking Democrat on the House Judiciary Committee, introduced House Bill 1443, the Traffic Stops Statistics Study Act (the Act), a bill designed to initiate the gathering of comprehensive data about the racial distribution of police traffic stops. This bill, along with its identical... 2001  
Maria V. Morris Racial Profiling and International Human Rights Law: Illegal Discrimination in the United States 15 Emory International Law Review 207 (Spring 2001) I obtained my driver's license in 1972 and I've been stopped by police every year since then. . . . As many as five times in one year and typically once or twice a year. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms.... 2001  
Elizabeth A. Knight, William Kurnik Racial Profiling in Law Enforcement 30-SUM Brief 16 (Summer, 2001) A claim of discriminatory law enforcement practices challenges the integrity of the law enforcement agency and its officers. The accusation of biased and prejudicial conduct by a police officer is easily charged, not readily proven, and difficult to defend. Because the issue of racial profiling only recently became one of significant controversy... 2001  
Jack Kearney Racial Profiling: a Disgrace at the Intersection of Race and the Criminal Justice System 36-SPG Arkansas Lawyer 20 (Spring, 2001) Picture it. You and your wife are driving your new car home from a dinner party in a nice neighborhood. Suddenly, multiple police units appear, force you to stop your car and train search lights on you. Before an officer approaches your car, you squint to see beyond the glare of the search lights. There, you find a scene which is all too common in... 2001  
David T. McTaggart Reciprocity on the Streets: Reflections on the Fourth Amendment and the Duty to Cooperate with the Police 76 New York University Law Review 1233 (October, 2001) Illinois v. Wardlow, the Supreme Court's most recent Fourth Amendment decision involving encounters between police and pedestrians, stands for a proposition that, at first glance, appears uncontroversial and commonsensical: If a citizen indicates a desire not to cooperate with a police officer, then that officer has reasonable suspicion to... 2001 Yes
Roger L. Goldman , Steven Puro Revocation of Police Officer Certification: a Viable Remedy for Police Misconduct? 45 Saint Louis University Law Journal 541 (Spring 2001) According to Professor Jerold H. Israel, if you want to do something about the police, the answer is not the Supreme Court . . . the answer is administrative regulations [or legislative remedies]. Citing Chief Justice Warren's opinion in Terry v. Ohio, Professor Israel noted that the Court can't cure all the problems and suggested that the... 2001 Yes
Viola King Robinson V. City of Detroit: When Does Liability Attach in Police Pursuits? 18 Thomas M. Cooley Law Review 409 (Michaelmas Term 2001) The average person does not classify high-speed vehicle police pursuit as excessive force. Excessive force is usually associated with firearm discharge. People tend to dismiss the idea of high-speed chases as being lethal because there is justification for the apprehension of lawbreakers. People also associate high-speed pursuits with television; Search Snippet: ...V. CITY OF DETROIT: [FN1] WHEN DOES LIABILITY ATTACH IN POLICE PURSUITS? Viola King [FNa1] Copyright (c) 2001 Thomas M. Cooley... 2001 Yes
Peter Zablotsky, Sa'id Vakili Section 51 Actions Against Private Racial Profiling 24-SEP Los Angeles Lawyer 33 (September, 2001) Litigators can find two recent cases to show that police reports are not privileged Our nation is currently undergoing a painful examination of racial profiling by law enforcement. At the same time, racial profiling practiced by private individuals remains largely unaddressed. Too often, businesses make police reports falsely accusing minority... 2001  
Colin M. Black Shooting an Elephant --massachusetts Maintains Reasonable Suspicion: Protecting Individual Privacy During Traffic Stops and Battling Racial Profiling 6 Suffolk Journal of Trial and Appellate Advocacy 215 (2001) ...(T)o eliminate any requirement that the officer be able to explain that reasons for his actions signals an abandonment of effective judicial supervision...leaves police discretion utterly without limits. Some citizens will be subjected to this minor indignity while others--perhaps those with more expensive cars, or different bumper stickers, or... 2001  
John J. Donohue III, Steven D. Levitt, Stanford Law School, University of Chicago and AmericanBar Foundation The Impact of Race on Policing and Arrests 44 Journal of Law & Economics 367 (October, 2001) Race has long been recognized as playing a critical role in policing. In spite of this awareness, there has been little previous research that attempts to quantitatively analyze the impact of officer race on tangible outcomes. In this paper, we examine the relationship between the racial composition of a city's police force and the racial patterns... 2001 Yes
Susan Bandes Tracing the Pattern of No Pattern: Stories of Police Brutality 34 Loyola of Los Angeles Law Review 665 (January, 2001) Remember, gentlemen. The policeman is not there to create disorder. He is there to preserve disorder. There is a certain delicacy in being an outsider invited to come to a town in the throes of a scandal and to heap additional ignominy on that town for its troubles. And therefore to assure this audience at the outset that I do not intend to lecture... 2001 Yes
Karan R. Singh Treading the Thin Blue Line: Military Special-operations Trained Police Swat Teams and the Constitution 9 William & Mary Bill of Rights Journal 673 (April, 2001) The increasing use of SWAT teams and paramilitary force by local law enforcement has been the focus of a growing concern regarding the heavy-handed exercise of police power. Critics question the constitutionality of joint-training between the military and civilian police, as well as the Fourth Amendment considerations raised by SWAT tactics. This; Search Snippet: ...Notes TREADING THE THIN BLUE LINE: MILITARY SPECIAL-OPERATIONS TRAINED POLICE SWAT TEAMS AND THE CONSTITUTION Karan R. Singh Copyright ©... 2001 Yes
Steven P. Ragland Using the Master's Tools: Fighting Persistent Police Misconduct with Civil Rico 51 American University Law Review 139 (October, 2001) Introduction. 140 A. Rampart Misconduct. 142 B. Guerrero v. Gates Breaks New Ground. 145 I. Civil Rico. 147 A. RICO's Origin and Purpose. 148 B. The Elements: Meeting the Threshold. 149 1. Cognizable injury. 152 2. Pattern. 153 3. Enterprise. 156 4. Affecting interstate commerce. 159 II. Honing the Tool. 160 A. Not Just for Gangsters. 162 B. Good... 2001 Yes
David A. Harris When Success Breeds Attack: the Coming Backlash Against Racial Profiling Studies 6 Michigan Journal of Race and Law 237 (Spring 2001) I. The Numbers So Far: What Current Statistics onRacial Profiling Show. 243 A. New Jersey. 244 B. Maryland. 246 C. Ohio. 247 II. The Coming Backlash: Criticism of the Current Statistics. 252 A. The Data Do Not Include All Stops Police Make. 252 B. The Data Do Not Include Violator Rates. 253 C. The Data Do Not Account for Different Levels of... 2001  
ELEANOR HEARD Are New York Police Officers Safely Playing or Playing it Safe? Eliminating the Forty-eight Hour Rule 57 New York University Annual Survey of American Law 133 (2000) Shortly after midnight on February 4th, 1999, four police officers patrolled a Bronx avenue on the lookout for an elusive robber and serial rapist. While they had not been assigned to the neighborhood for long, they were aware that fulfilling their duty to serve and protect in this area would be particularly difficult. Crime was prevalent and... 2000 Yes
Debra Baker Backdraft 86-APR ABA Journal 48 (April, 2000) When Robert Demmons first joined the San Francisco Fire Department, his command officer made no secret about his feelings toward Demmons and other minority recruits. The courts got you in, but they won't get you through training, Demmons recalls the officer saying. I was in the Marines, and I felt more pressure going through [fire department; Search Snippet: ...Old Federal Consent Decrees Requiring Affirmative Action in Fire and Police Departments. Now Some Fear State and Local Agencies May Put... 2000  
Terry Carter Cops in the Crossfire 86-OCT ABA Journal 58 (October, 2000) In the early morning hours of Oct. 1, 1998, 19-year-old Donta Dawson stopped his car in the middle of a street beneath an overpass in North Philadelphia. With the engine running and the lights on, he may have been in a zombie-like trance. An autopsy later would show traces of marijuana and the powerful hallucinogen PCP in his system. Within minutes; Search Snippet: ...58 ABA JOURNAL ABA Journal October, 2000 Feature Criminal Justice COPS IN THE CROSSFIRE A Little-Used Statute Puts White Police Officers Involved in Violent Incidents with Blacks Under the Gun... 2000  
Sarah E. Waldeck Cops, Community Policing, and the Social Norms Approach to Crime Control: Should One Make Us More Comfortable with the Others? 34 Georgia Law Review 1253 (Spring, 2000) As the everyday world hears more about community policing, which most cities claim to practice to some extent, the legal academy considers the relationship between social norms and crime control. Community policing and social norms theory are connected, at least insofar as both attempt to address concerns like those expressed by a citizen who... 2000 Yes
Ana Joanes Does the New York City Police Department Deserve Credit for the Decline in New York City's Homicide Rates? A Cross-city Comparison of Policing Strategies and Homicide Rates 33 Columbia Journal of Law and Social Problems 265 (Spring, 2000) When asked why crime rates fluctuate, one criminal law expert admits that [t]he honest answer is that no one knows. Despite the truth of this answer, one finds few reflections of its wisdom when reviewing media coverage of the decline in New York City's crime rate during the mid-1990s. The story seems almost too good to be true. As New York City... 2000 Yes
Adero S. Jernigan Driving While Black: Racial Profiling in America 24 Law & Psychology Review 127 (Spring, 2000) A Carmel, Indiana police officer stopped Sergeant David Smith of the Indiana State Police while Smith was driving an unmarked vehicle. Smith said the Carmel police officer stopped him simply because he was black. The officer stated he stopped Smith because Smith made an illegal turn. Similarly, a San Diego Sheriff's Deputy handcuffed and detained... 2000  
Lisa Walter Eradicating Racial Stereotyping from Terry Stops: the Case for an Equal Protection Exclusionary Rule 71 University of Colorado Law Review 255 (Winter 2000) Late one night on a lonely stretch of highway in Texas's Panola County, a state trooper passed a minivan with four African-American occupants and out-of-state license plates. The trooper sped ahead of the van, pulled over on the shoulder beyond the crest of a hill, and turned off his lights. When the van suddenly came upon the police car, the... 2000  
Jenny Rivera Extra! Extra! Read All about It: What a Plaintiff "Knows or Should Know" Based on Officials' Statements and Media Coverage of Police Misconduct for Notice of a § 1983 Municipal Liability Claim 28 Fordham Urban Law Journal 505 (December, 2000) Although the plaintiff's § 1983 claim is a strong one . . . [the plaintiff's] failure to file within the limitations period cannot be excused. The [plaintiff's] cause of action is therefore dismissed as to the municipal defendants. * * * *[W]hen commencing a [police misconduct suit] neither the plaintiff nor [the plaintiff's] attorney is likely to... 2000 Yes
Elizabeth Rogers Fear of Driving 86-JUL ABA Journal 94 (July, 2000) Congress is considering legislation supported by the aba to require data collection to determine the extent of racial profiling by police officers during routine traffic stops. Race-based traffic stops turn driving, one of our most ordinary and fundamentally American activities, into an experience fraught with danger and risk for people of color,... 2000  
Lawrence Rosenthal Gang Loitering and Race 91 Journal of Criminal Law and Criminology 99 (Fall 2000) When the United States Supreme Court held in City of Chicago v. Morales that Chicago's anti-gang loitering ordinance--authorizing the police to disperse groups of loiterers containing criminal street gang members -was unconstitutionally vague, Harvey Grossman, the attorney who had argued the case for the winning side, called the decision a victory... 2000  
Angela P. Harris Gender, Violence, Race, and Criminal Justice 52 Stanford Law Review 777 (April, 2000) This essay examines the connection between violence and masculinity that leads men to appoint themselves the protectors of racialized communities and that constitutes its own interracial brotherhood linking lawbreakers and law enforcers. Feminists are familiar with the concept of gender violence, but this term is usually used to denote violence... 2000  
Benjamin B. Tucker How Do We Reduce Crime and Preserve Human Decency? The Role of Leadership in Policing for a Democratic Society 28 Fordham Urban Law Journal 601 (December, 2000) The issue of crime reduction and prevention has been on the social, political, and economic agenda of modern America for more than a century. During the final quarter of the twentieth century, a new cadre of well-educated and forward-thinking police leaders implemented innovative approaches to crime and other problems affecting the quality of life... 2000 Yes
  Law and Disorder: Is Effective Law Enforcement Inconsistent with Good Police-community Relations? 28 Fordham Urban Law Journal 363 (December, 2000) William J. Bratton Johnnie L. Cochran Jr. former Commissioner Partner New York City Police Department Cochran, Cherry, Givens, Smith & Sistrunk, P. C. Andrew G. Celli Jr. Loretta E. Lynch Chief, Civil Rights Bureau United States Attorney for the Office of the New York State Eastern District of New York Attorney General Paul Chevigny Michael Meyers... 2000 Yes
Judith Berkan Mano Dura - Official Police Department Bias Takes a Hit 69 Revista Juridica Universidad de Puerto Rico 1267 (2000) We can't have hybrids on the Police Force; we need real men and women. So stated the head of the Frente Unido de Policías Organizados, one of the principal associations grouping police officers in Puerto Rico. We can't have mano dura against crime if we have officers with limp hands. Such was the expression of the Superintendent of Police, as; Search Snippet: ...Puerto Rico 2000 Discrimen Por Orientación Sexual MANO DURA OFFICIAL POLICE DEPARTMENT BIAS TAKES A HIT Judith Berkan [FNa1] Copyright ©... 2000 Yes
Samuel Walker ;, Carol Archbold Mediating Citizen Complaints Against the Police: an Exploratory Study 2000 Journal of Dispute Resolution 231 (2000) Conspicuously absent from the alternative dispute resolution movement is the mediation of citizen complaints against the police. While mediation has become a significant factor in the areas of divorce, employee grievances, intergroup disputes, small commercial claims, and other areas of the law including criminal law, it is very insignificant with... 2000 Yes
Mark D. Rosenbaum ; Daniel P. Tokaji No Equal Justice: Race and Class in the American Criminal Justice System. By David Cole. New York: the New Press. 1999. Pp. Ix, 218. $25. 98 Michigan Law Review 1941 (May, 2000) That justice is a blind goddess Is a thing to which we black are wise. Her bandage hides two festering sores That once perhaps were eyes. It ain't no secret, Ain't no secret my friend, You can get killed just for living In your American skin. Once again, issues of race, ethnicity, and class within our criminal justice system have been thrust into... 2000  
Abraham Abramovsky , Jonathan I. Edelstein Pretext Stops and Racial Profiling after Whren V. United States: the New York and New Jersey Responses Compared 63 Albany Law Review 725 (2000) In the last two years of the twentieth century, the practice of racial profiling--targeting individuals for police investigation based on their race alone--came to the forefront of public consciousness in New York and New Jersey. In New Jersey, the foundations of law enforcement were shaken in 1999 after state police commanders admitted to using... 2000  
Leigh Drake and Richard Simper , Department of Economics, Loughborough University, Loughborough, LE11 3TU, England Productivity Estimation and the Size-efficiency Relationship in English and Welsh Police Forces an Application of Data Envelopment Analysis and Multiple Discriminant Analysis 20 International Review of Law & Economics 53 (March, 2000) This article utilizes data envelopment analysis (DEA) to estimate the productivity of the English and Welsh police forces and to determine whether there are categorical scale effects in policing using multiple discriminant analysis (MDA). The article demonstrates that by using DEA efficiency results it is possible to make inferences about the; Search Snippet: ...ESTIMATION AND THE SIZE-EFFICIENCY RELATIONSHIP IN ENGLISH AND WELSH POLICE FORCES AN APPLICATION OF DATA ENVELOPMENT ANALYSIS AND MULTIPLE DISCRIMINANT... 2000 Yes
John V. Jacobi Prosecuting Police Misconduct 2000 Wisconsin Law Review 789 (2000) The police and the people of some American communities are at war. Although the majority of officers perform their difficult duties without brutalizing the people they serve, police too frequently attack, beat and kill civilians. The phenomena of police misconduct and civilian distrust can be traced in large part to a cycle of impunity, by which... 2000 Yes
Tovah Renee Calderón Race-based Policing from Terry to Wardlow: Steps down the Totalitarian Path 44 Howard Law Journal 73 (Fall 2000) [I]f the individual is no longer to be sovereign, if the police can pick him up whenever they do not like the cut of his jib, if they can seize and search him in their discretion, we enter a new regime. The decision to enter it should be made only after a full debate by the people of this country. Over a twenty year period beginning in 1972,... 2000 Yes
  Race–based Transfers of Police Officers 6 CITYLAW 137 (November/December, 2000) Transfers of police personnel following Louima incident. After the brutal beating and sexual torture of Haitian national Abner Louima at the 70th Precinct in Brooklyn, the precinct endured numerous large and angry protests. To allay community hostility, NYPD conspicuously transferred 38 Black and Hispanic officers and supervisors to the 70th; Search Snippet: ...November/December, 2000 Public Employees Personnel Transfers RACE BASED TRANSFERS OF POLICE OFFICERS Copyright (c) 2000 by Center for New York City... 2000 Yes
32 33 34 35 36 37 38 39 40 41 42 43 44 45