An Offense-Severity Model for Stop-and-Frisks

  title={An Offense-Severity Model for Stop-and-Frisks},
  author={David Keenan and Tina Mary Thomas},
This Note joins a growing chorus of scholarship criticizing the lack of proportionality analysis in the Supreme Court’s Fourth Amendment jurisprudence. Rather than simply bemoan the current state of legal doctrine, we offer a practical test that state and federal courts could use to determine the permissible scope of pedestrian stop-and-frisks. Specifically, we propose that courts adopt an offense-severity model that distinguishes minor offenses (like jaywalking, public alcohol consumption, and… CONTINUE READING


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