![]() Sarah Seo also explores the relationship between the rise of discretionary policing and the prohibition era, a gay legal scholar's quest to highlight the unjustness of traffic stops in the era of McCarthyism, the racist repercussions of discretionary policing, and the relevance of these legal precedents on policing the digital world. This in itself is troubling, but given that every car on the road breaks traffic rules at some point, police were sanctioned with the ability to use their discretion when stoping vehicles, and the discretion meant that police could get away with more than they should have. Once police were responsible for both the enforcement of traffic rules and investigating other crimes, traffic violations end up being a gateway to increased policing of people. With the widespread adoption of cars came a slew of traffic laws that were so complex and voluminous that it was impossible for people to follow the law to a T. Once police were responsible for both the enforcement of traffic rules and investigating other crimes, traffic violations end up being a gateway to increased Policing the Open Road is a work of legal history and commentary on the effect of cars on the Fourth Amendment rights that protect Americans from unreasonable searches and seizures. Policing the Open Road is a work of legal history and commentary on the effect of cars on the Fourth Amendment rights that protect Americans from unreasonable searches and seizures. Seo shows how procedures designed to safeguard us on the road ultimately undermined the nation’s commitment to equal protection before the law.more Constitutional challenges to traffic stops largely failed, and motorists “driving while black” had little recourse to question police demands. The justices’ efforts to protect Americans did more to accommodate than to limit police intervention, and the new criminal procedures inadvertently sanctioned discrimination by officers of the law. Seo overturns prevailing interpretations of the Warren Court’s due process revolution. In a society dependent on cars, everyone-the law-breaking and law-abiding alike-would be subject to discretionary policing. Instead, jurists interpreted the amendment narrowly. The Fourth Amendment-the constitutional protection against unreasonable searches and seizures-did not effectively shield individuals from government intrusion while driving. Open roads meaning drivers#But with more and more drivers behind the wheel, police departments rapidly expanded their forces and increased officers’ authority to stop citizens who violated traffic laws. As Policing the Open Road makes clear, this radical transformation in the nature and meaning of American freedom has had far-reaching political and legal consequences.īefore the twentieth century, most Americans rarely came into contact with police officers. Sarah Seo reveals how the rise of the automobile led us to accept-and expect-pervasive police power. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. When Americans think of freedom, they often picture the open road. ![]() Sarah Seo reveals how the How the rise of the car, the symbol of American personal freedom, inadvertently led to ever more intrusive policing-with disastrous consequences for racial equality in our criminal justice system. How the rise of the car, the symbol of American personal freedom, inadvertently led to ever more intrusive policing-with disastrous consequences for racial equality in our criminal justice system. ![]()
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