Traffic Stops, Minority Motorists, and the Future of the Fourth Amendment
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The authors discusses four recent Supreme Court decisions involving vehicle stops: Whren v. United States, Ohio v. Robinette, Maryland v. Wilson, and Ornelas v United States.Abstract:
This article discusses four recent Supreme Court decisions involving vehicle stops: Whren v. United States, Ohio v. Robinette, Maryland v. Wilson, and Ornelas v. United States. Collecively these reveal a strong, new consensus on the Court about the proper application of the Fourth Amendment. This consensus results not from a settled body of doctrine but rather from shared, largely unspoken understandings -- understandings that heavily favor law enforcement and that, more troublingly, disregard the distinctive grievances and concerns of minority motorists stopped by the police. In ways the recent vehicle stop cases help to illustrate, this disregard is deeply embedded in the structure of current Fourth Amendment doctrine, and it seriously constrains the doctrine's growth.read more
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Equality as a Central Principle in the First Amendment
TL;DR: The ideal of political equality runs deep in the American tradition and a just society, we believe, must offer ''equal liberties " 2 in the realm of political participation. Within the past generation, this tradition has flowered into a number of new constitutional doctrines, aimed at effectuating political equality, and these doctrines mark the emergence of a principle of equal liberty of expression, not merely in the political arena, but throughout all the interdependent decision-making processes of a complex society.
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