Through Utah v. Strieff, the Supreme Court has added to law enforcement’s arsenal of stripping people of their citizenship and humanity. This article strives to add to the growing criticism of Strieff in three ways.
First, it adds to the chorus of work exposing and criticizing the flawed legal reasoning of the majority opinion.
Next, by using Baltimore, Maryland’s recent policing history, this article shows how racially targeted dragnet policing was already a fact of life pre-Strieff for many black residents of our cities, and how this discriminatory policing tactic is fortified and encouraged by Strieff.
Finally, this article explains why Justice Thomas’s claim that his opinion will not lead to increased invidious dragnet policing because of the threat and availability of civil liability is misguided and divorced from reality.
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Lucius T. Outlaw III,
Unsecured (Black) Bodies: How Baltimore Foreshadows the Dangers of Racially Targeted Dragnet Policing Let Loose by Utah V. Strieff,
N.M. L. Rev.
Available at: https://digitalrepository.unm.edu/nmlr/vol50/iss1/3