Stop \u3cem\u3eTerry \u3c/em\u3e: Reasonable Suspicion, Race, and a Proposal to Limit \u3cem\u3eTerry\u3c/em\u3e Stops

The Terry doctrine, which grants a police officer the authority to stop and frisk based on his or her reasonable suspicion rather than probable cause, was created by the Supreme Court at a time when the nation con- fronted a particular moment of violent racial strife. Since Terry was decided, the Supreme Court has continued to expand the reach of the doctrine—which opened the door for potential abuse. Existing data is increasingly proving that the loosening of constitutional standards is causing substantial harms to people of color nationwide. This article joins the existing scholarly discussion surrounding this decision to suggest one additional tool that might be used to address the racial impact of the Terry doctrine. In particular, this Article proposes that police authority to stop suspects on nothing more than reasonable suspicion be limited to cases in which an officer reasonably believes the suspect is engaged in something more than a mere possessory offense. The proposal is consistent with much of the Supreme Court’s past language and will not substantially undercut police efforts to combat violent crime. In addition, this proposal will not be administratively burdensome since it would only require a police officer to articulate what about the suspect made him believe he was engaged in something other than a possessory criminal offense, which is not all that different from what police officers are currently required to do as a matter of internal policy. It is time to stop Terry to avoid the further erosion of rights caused by Terry stops

Berkemer Revisited: Uncovering the Middle Ground Between Miranda and the New Terry

Over the past twenty-five years, appellate courts have significantly expanded the scope of police authority to stop and frisk potential suspects without probable cause, a power originally granted to law enforcement by the Supreme Court in Terry v. Ohio. This development has led Terry’s once limited licensing of police searches to run into conflict with a defendant’s right against compulsory self-incrimination while in police custody, as articulated by Miranda v. Arizona. This Note explores the contours of this unforeseen collision between two core constitutional doctrines and the solutions generated by appellate courts to resolve the conflict. Courts today are generally divided as to whether Miranda should apply during a valid, but intrusive Terry stop. This Note argues that a distinct overlap now exists between Miranda and Terry; one that should compel courts to invoke Miranda where police detain and question a suspect in a manner analogous to custodial interrogation. However, this Note also stresses that courts should be vigilant in enforcing the public safety exception to Miranda, particularly in light of Terry’s inherent unpredictability and extemporaneous nature

Arizona v. Johnson: Determining When a Terry Stop Becomes Consensual

The study of crowding effects on particle diffusion is a large subject with implications in many scientific areas. The studies span from pure theoretical calculations to experiments actually measuring the movement of proteins diffusing in a cell. Even though the subject is important and has been studied heavily there are still aspects not fully understood.   This report describes a Monte Carlo simulation approach (Gillespie algorithm) to study the effects of crowding on particle diffusion in a quasi one-dimensional system. With quasi meaning that the particles diffuses on a one-dimensional lattice but has the possibility to disassociate from the lattice and then rebind at a latter stage. Different binding strategies are considered: rebinding to the same location and randomly choosing the binding location. The focus of the study is how these strategies affects the mobility (diffusion coefficient) of a tracer particle. The main result of this thesis is a graph showing the diffusion coefficient as a function of the binding rate for different binding strategies and particle densities. We provide analytical estimates for the diffusion coefficient in the unbinding rate limits which show good agreement with the simulations.Hur "trängsel" (från engelskans "crowding" t ex molecular crowding) påverkar diffusionsprocesser är viktigt inom många olika vetenskapliga områden. Forskningen som för tillfället utförs sträcker sig från rent teoretiska beräkningar till experiments där man kan följa enskilda proteiners rörelse i en cell. Även fast ämnet är viktig och väl undersökt finns det fortfarande många aspekter som man inte förstår till fullo. I det här examensarbetet beskrivs en Monte Carlo metod (Gillespie algoritmen) för att studera hur trängsel påverkar en partikel som diffunderar i ett "nästan" en-dimensonellt system. Det är nästan en-dimensionellt i det avsedde att partiklarna diffunderar på ett gitter men kan binda av från gittret och binda tillbaka i ett senare skedde. Olika metoder för hur partiklarna binder till gittret undersöks: Återbinding till avbindingsplatsen och slumpmässigt vald återbindingsplats. Fokus ligger på att förklara hur dessa påverkar mobiliteten (diffusionskonstanten) av en spårningspartikel (tracer particle). Resultatet är en graf som visar diffusionskonstanten för spårningspartikeln som en funktion av avbindingsfrekvens för olika bindingstrategier och partikeldensiteter. Vi ger också analytiska resultat i gränsvärdet för höga och låga avbindingstakter vilka stämmer bra överens med simuleringar

Investigating Stops in Alaska: Can Coleman Survive a Multifactored Balance

Globalization and centralization have resulted in prolonged transportation time between producer and consumer, and thus put more demand on the perseveration of a product for longer duration and protect it from oxidation. The presence of oxygen in packages severely foreshortens the storage life as it yield losses of nutrients and allow microbial growth, which can cause changes in smell, taste as well as discoloration. Earlier food and beverage containers were made in inorganic materials e.g. metal and glass, however lately more and more focus have been on synthetic organic materials as these show several advantages, e.g. weight. However, still today most of the commercial packaging materials, organic or inorganic, are not considered to be environmental friendly. Thus, efforts have to be made today in order to invent alternative materials that can make the society of tomorrow more sustainable. Cellulose is the most abundant biopolymer in the world, hence making it desirable to use in “green” packaging applications. Furthermore, cellulose has proven being able to form films with great gas barrier potential under specific conditions. However, cellulose based materials are sensitive to moisture with severely increased oxygen transmission with increased relative humidity as a result; hence it is desired to make cellulose less hygroscopic by chemical modification. First, nanofibrillated cellulose (NFC) with 720 mmol carboxylic groups/g fiber was produced by oxidation of dissolving pulp before homogenization. Thereafter a polymer was synthesized utilizing Initiator A as an initiator at T1 and T2. The polymer synthesized at T1 yielded a polymer with a viscosity average molecular weight of 5770 g/mol.  The polymer was then grafted on the oxidized NFC through a coupling reaction performed in Buffer C using Coupling agent A. The grafting procedure was performed in Buffer C at ambient conditions giving rise to a material composed of 33 wt% synthetic polymer and 67 wt% NFC. The coupling was conducted several times in order to investigate how the final product can be affected by varying reactant feed and dispersion method. Finally, films of NFC and NFC-g-Polymer were manufactured by vacuum filtration from a 0.05 wt% Solvent A dispersion and were evaluated with field emission scanning electron microscopy

"We Own the Night:" Amadou Diallo's Deadly Encounter with New York City's Street Crimes Unit

Amadou Diallo died in a hail of police bullets in February 1999. The police thought Diallo was a serial rapist who was drawing a pistol against them, but Diallo was an innocent man who was unarmed. The incident has sparked a heated debate over the crime-fighting policies of Mayor Rudolph Giuliani and the New York City Police Department. To understand what has been happening in New York City in recent years, one must examine the relationship between a police officer's authority to search suspects and the legal doctrine of false imprisonment. The legal shield of false imprisonment has been sharply curtailed in recent years by Supreme Court rulings that have expanded the circumstances under which police officers can "stop and frisk" persons. In 1994 Mayor Giuliani and Police Commissioner William Bratton ordered their elite Street Crimes Unit to start confiscating illegal weapons from pedestrians. The plainclothes outfit embarked upon an aggressive campaign of stopping and frisking city residents, often illegally. Wealthy and middle-class residents were not affected by the crackdown because the police chose to exercise their search powers in the poorer neighborhoods where the crime rates were higher. Minorities bore the brunt of the crackdown, and their cries of police harassment were largely written off. The killing of Amadou Diallo was neither an act of racist violence nor some fluke accident. It was the worst-case scenario of a dangerous and reckless style of policing. Policymakers should dispense with confrontational stop-and-frisk tactics before more innocent people are injured or killed

Take the Money and Run: Detainment Incident to a Search Warrant in Bailey v. United States

This commentary previews an upcoming Supreme Court case, Bailey v. United States, in which the Court will examine the scope of permissible non-arrest seizures in the context of a detainment incident to a search warrant. The case offers the Court an opportunity to clarify its holding in Michigan v. Summers--that occupants of premises being searched pursuant to a valid warrant may be detained during the search--by determining whether such a detainment is permissible when the occupants have left the premises