Throughline We the People: Search and Seizure
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May 2, 2024 The podcast explores the evolution of the Fourth Amendment, delving into court rulings that have expanded police powers. It discusses the historical context of search and seizure laws, the landmark Supreme Court case of Terry versus Ohio, and the consequences of police discretion in communities of color. The narrative also highlights the complexities of traffic stops, racial profiling, and the importance of asserting constitutional rights for equality.
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Carroll's Arrest
- During Prohibition, agents pulled over George Carroll's Oldsmobile, suspecting him of bootlegging.
- Though they initially found nothing, they later discovered hidden liquor, leading to Carroll's arrest.
Fourth Amendment's Irony
- The Fourth Amendment, designed to prevent unreasonable searches and seizures, has ironically expanded police power.
- This expansion has led to increased and often deadly encounters, disproportionately affecting Black Americans.
Origins of the Fourth Amendment
- The Fourth Amendment originated from opposition to British writs of assistance, general warrants allowing searches without specific cause.
- James Otis's arguments against these writs significantly influenced the amendment's creation.