ABSTRACT

Contemporary counter-terrorism operates primarily on a collective basis, however, most academic, judicial, policy, and political focus is on individualised counter-terrorism powers. One of the few collective powers to have gained attention on both sides of the Atlantic is non-border suspicionless counter-terrorist stop and search. The US and UK provide an interesting study in this area. Both use suspicionless counter-terrorist stop and search, and both have seen legal challenges to these powers with different outcomes, the respective powers being held to be constitutional in the US but in breach of human rights in the UK. There are also differences in format and usage, with the UK lately resiling from the use of power while the US still embraces it.