Throughline We the People: Search and Seizure
May 29, 2025
In this discussion, legal experts Sarah Sayo and Paul Butler delve into the complexities of the Fourth Amendment and its intended limits on government power. Sayo explores how historical figures like James Otis influenced constitutional thought on search and seizure. Butler highlights the implications of landmark cases, including Terry v. Ohio, revealing the troubling intersection of racial profiling and police authority. Together, they dissect how interpretations of 'reasonable' searches continue to challenge civil liberties today.
AI Snips
Chapters
Books
Transcript
Episode notes
Carroll's Warrantless Car Search
- Prohibition agents pulled over George Carroll illegally based on suspicion alone.
- They found 68 bottles of whiskey hidden in his car upholstery without a warrant.
Supreme Court Backs Warrantless Car Searches
- The Supreme Court ruled warrantless car searches valid if officers have probable cause.
- This shifted search authority from judges to individual officers on the street.
Terry Stop Anecdote
- Officer McFadden stopped and frisked John Terry and others without probable cause.
- He found weapons during the frisk, which led to a landmark Supreme Court case on stop and frisk.
