St. John's Law Review back issues from July 1998:
Forward
Jul 01, 1998; ... The articles in this symposium issue of the St. John's Law Review arise out of the conference that St. John's hosted on April 2 and 3, 1998, to mark the 30th anniversary of one of the United States Supreme Court's most important and controversial constitutional criminal procedure decisions, ...
Representing John W Terry
Jul 01, 1998; ... Thank you very much Professor Barrett, Dean Hasl, and all of our distinguished panelists. Let me take just a moment to say what a pleasure it is to have been invited to participate in this 30th anniversary of Terry v. Ohio.l I am also very pleased to be here with Reuben Payne, who was ...
The prosecutor's perspective on Terry: Detective McFadden had a right to protect himself
Jul 01, 1998; ... In all cases that appear before the Court, there are differences of opinion as to what happened or what took place. By the time Terry v. Ohio1 reached the United States Supreme Court, it was my understanding that Mr. Chilton had been killed while perpetrating a robbery in Columbus, Ohio. Prior ...
A prosecutor's perspective
Jul 01, 1998; ... Thank you. It was a privilege thirty-one years ago to appear before the Justices whose clerks are here and with the distinguished lawyers whom you've just heard from, and it's a privilege to be on a panel with them now. I'd like to take you back thirty-one years to the perspective of a ...
Deciding the stop and frisk cases: A look inside the Supreme Court's conference
Jul 01, 1998; ... I. INTRODUCTION In our system of constitutional decision-making, the Supreme Court makes law as an institution in its formal written opinions. The Court and its individual members make their official legal marks in the printed pages of the United States Reports. In June 1968, in Terry ...
Terry v Ohio, the Warren Court and the fourth amendment: A law clerk's perspective
Jul 01, 1998; ... I feel very much like one who, to use a current term, has been "outed" from a closet in which I have resided for thirty years. When John Barrett first invited me last fall to participate in this conference, he told me that he had learned from my coclerk Ty Brown that I was the law clerk who ...
Justice Brennan's supporting role
Jul 01, 1998; ... First of all, this conference is quite timely, even though it is 30 years after Terry.In my more recent incarnation, before I became a member of the Justice Department, I was serving as President of the Los Angeles Police Commission, which has jurisdiction over the Los Angeles Police Department ....
Terry v Ohio: A practically perfect doctrine
Jul 01, 1998; ... I. INTRODUCTION Thirty years ago the Supreme Court announced its 8-1 decision in Terry v. Ohio,1 and placed its imprimatur on forcible police encounters with citizens when police lack both probable cause and a warrant. We have now had three decades of experience with Terry, and this is ...
Particularized suspicion, categorical judgments: Supreme Court rhetoric versus lower court reality under Terry v Ohio
Jul 01, 1998; ... In Terry v. Ohio,1 the Supreme Court dramatically changed existing law. Contrary to all of the Court's prior criminal cases, Terry allowed the police to subject individual criminal suspects to Fourth Amendment intrusions without probable cause. Henceforth, police could perform stops and frisks ...
Terry v Ohio in the trenches: A glimpse at how courts apply "reasonable suspicion
Jul 01, 1998; ... The papers by Professors Saltzburg1 and Harris2 are both splendid-in the best tradition of legal scholarship. Each paper is thoughtful, insightful, and provocative. I want to suggest that, in a sense, they are both right. How can this be? Professor Saltzburg presents Terry3 in its ...
The process of Terry-lawmaking
Jul 01, 1998; ... The organizers of this Conference obviously gave a lot of thought to its structure. We started off with a session that showed the Supreme Court at its best, working under the gentle leadership of Chief Justice Warren, and guided by the sage counsel of Justice Brennan, to balance the demands of ...
Let's not bury Terry: A call for rejuvenation of the proportionality principle
Jul 01, 1998; ... INTRODUCTION I come not to bury Terry, but to praise it. Thirty years ago Terry v. Ohio1 established a conceptual framework for the Fourth Amendment that makes more sense than any alternative the courts or commentators have come up with since. That framework, which I call the ...
Terry and fourth amendment first principles
Jul 01, 1998; ... The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated .... INTRODUCTION: A TALE OF TWO TERRYS Thirty years after the Supreme Court's landmark decision in Terry v. Ohio1 and almost ...
An ode to probable cause: A brief response to professors Amar Slobogin
Jul 01, 1998; ... It is mighty hard to argue with reasonableness. Faced with a doctrinal area as fraught with confusion as the Fourth Amendment, thoughtful and well-articulated proposals like those put forward by Professors Amar1 and Slobogin2 can have an opiate-like effect. After all, a flexible "reasonableness" ...
Hang on to your Hats! Terry into the twenty-first century
Jul 01, 1998; ... The title of our section of this Symposium is "Terry and the Future of Constitutional Criminal Procedure: Into the 21st Century," so I'd like to spend my time on an important point of agreement between Professors Amar and Slobogin that indicates a promising path for Fourth Amendment doctrine ....
The fourth amendment and the limits of theory: Local versus general theoretical knowledge
Jul 01, 1998; ... The commentators are remarkably unanimous: The Supreme Court cases construing the Fourth Amendment are a mess that lacks coherence and predictability, and fails to communicate the contours of the field.1 They attribute all this to the same problem: There is no general theoretical knowledge of ...
Of cities, rainforests, and frogs: A response to Allen and Rosenberg
Jul 01, 1998; ... I find much of interest in Ron Allen and Ross Rosenberg's paper on the Fourth Amendment-much that is thoughtprovoking, and much that is convincing. Indeed, I am in agreement with three of the major points that they make, only to find myself disagreeing with their ultimate conclusion. My reaction ...
Terry's impossibility
Jul 01, 1998; ... Ron Allen and Ross Rosenberg have written a terrific article.1 It is fascinating, thought-provoking, and all the other things we say about good scholarship. More than that, it is right. There is indeed a difference, and a huge one, between what Hayek called "grown" and "made" systems-between ...
Terry: A(n ex-) cop's view
Jul 01, 1998; ... Law enforcement officers cannot function simply as agents who respond to the scenes of crimes and accidents after they have occurred. The police role always has and always will be based primarily upon the performance of tasks designed to minimize or prevent such incidents from happening.1 ...
Terry v Ohio: A police commissioner's musings
Jul 01, 1998; ... My name is Bob McGuire. I am an alumnus of the St. John's University School of Law, and I served as Police Commissioner for six years under Mayor Ed Koch in the late 1970s and early 1980's. I said to Jim Fyfe this morning, "I feel a little bit like a butcher at an orthopedic surgeons' ...
Police policing police: Some doubts
Jul 01, 1998; ... Professor Fyfe has three things to say about Terry v. Ohio.l He argues persuasively that Terry authorizes a necessary and often effective investigative tool. He contends that this tool, subject to broad discretion, is often abused. He also claims that the best answer to such abuses is to involve ...
Terry and community policing
Jul 01, 1998; ... In the interest of disclosure, Jim Fyfe and I are co-authors of a book.1 Well, that's my first criticism. Actually, I am going to say something that I was not sure I wanted to say, which is that the two war stories that were just told about stops were not Terry2 stops.3 It is ...
Terry v Ohio's fourth amendment legacy: Black men and police discretion
Jul 01, 1998; ... It's harder to work in these neighborhoods now than it used to be because we send the kids to school and teach them about rights and then put them back in the neighborhood. I think we ought to either get rid of these neighborhoods or stop teaching these kids about their rights. -Police officer's ...
Terry, race, and judicial integrity: The court and suppression during the war on drugs
Jul 01, 1998; ... I. INTRODUCTION Thirty years ago the Supreme Court announced the "stop and frisk" rule that has become so much a part of modern criminal jurisprudence. Since then, commentators argue, the liberal and lenient Terry v. Ohio1 standard has been utilized to justify race-based stops by many ...
Terry and the relevance of politics
Jul 01, 1998; ... My commentary will be congenial with those of Judge Weinstein and Randy Kennedy insofar as I would characterize myself as a Terry1 supporter rather than a Terry opponent. Therefore, I'll be arguing against some of the points that Tracey Maclin has made-with a caveat. The caveat is that Tracey ...
Stop and frisk and the substantive criminal law panel: Introduction
Jul 01, 1998; ... Welcome back to the final panel of the conference, on the relation of stop and frisk doctrine to substantive criminal law. Since I am a visiting professor at St. John's, I can take two positions. First, as a quasi-outsider, I want to thank John Barrett and Charles Bobis and the rest of ...
Police patrol, judical integrity, and the limits of judicial control
Jul 01, 1998; ... I want to thank St. John's for inviting me to be part of this reexamination of Terry v. Ohio'-and particularly for this opportunity to participate in a roundtable discussion on the relationship between stop and frisk doctrine and the substantive law. This is an important and timely topic and I ...
Terry and substantive law
Jul 01, 1998; ... The topic of this session is the relationship between Terry doctrine and substantive law. The basic relationship is both simple and powerful. Terry defines a Fourth Amendment standard for police street encounters, and that standard is itself defined in terms of the substantive law. That is, what ...
The constricted meaning of "community" in community policing
Jul 01, 1998; ... In a conference in which the dominant approach has been approving of the Terry doctrine and contemporary police practices, I want to play a somewhat contrarian role. Substantive criminal laws forbidding relatively harmless behaviors can serve the police as a substitute for the authority to carry ...
The proper balance: Exclusion of evidence or expulsion of police officers
Jul 01, 1998; ... I propose to start off with two quotes. My first quote is "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or ...
The street locations: Downtown Cleveland, October 31, 1963
Jul 01, 1998; ... KEY TO MARKED LOCATIONS ON THE MAP 1. Detective Martin McFadden testified that he was walking east on Huron Road, on the south side of the street, when he first observed John Terry and Richard Chilton. 2. Terry and Chilton stood on the corner of Huron Road and Euclid Avenue ....