University of Chicago Legal Forum Volume 2016 Article 3 2016 Terry's Original Sin Jeffrey Fagan Follow this and additional works at: http://chicagounbound.uchicago.edu/uclf Recommended Citation Fagan, Jeffrey (2016) "Terry's Original Sin," University of Chicago Legal Forum: Vol. 2016 , Article 3. Available at: http://chicagounbound.uchicago.edu/uclf/vol2016/iss1/3 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in University of Chicago Legal Forum by an authorized editor of Chicago Unbound. For more information, please contact
[email protected]. Terry's Original Sin Jeffrey Fagan I. INTRODUCTION In Mapp v. Ohio,' the U.S. Supreme Court extended the due process protections of the exclusionary rule to include all "constitutionally unreasonable searches" that were done without a basis of probable cause. 2 In the seven years after Mapp, when homicide rates in the U.S. nearly doubled,3 riots broke out in at least forty-seven U.S. cities.4 During the same era, a heroin epidemic gripped the nation's urban centers,5 giving rise to street drug markets and associated violence and pressures on law enforcement to curb those markets.6 As violence increased, a turn in the nation's political culture questioned Mapp's restraints on police discretion to stop and search criminal suspects.7 Indeed, some writers wondered if the Mapp standard, with its reliance on the exclusionary rule to deter violations t Isidor and Seville Sulzbacher Professor of Law, and Professor of Epidemiology, Columbia University. Thanks to Amanda Geller and John MacDonald for their contributions to the analysis.