Policing the Open Road: How Cars Transformed American Freedom

Policing the Open Road: How Cars Transformed American Freedom

by Sarah A. Seo


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Winner of the Ralph Waldo Emerson Award
Winner of the Littleton-Griswold Prize
Winner of the Order of the Coif Book Award

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.

When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept—and expect—pervasive police power. 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.

Before the twentieth century, most Americans rarely came into contact with police officers. 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. The Fourth Amendment—the constitutional protection against unreasonable searches and seizures—did not effectively shield individuals from government intrusion while driving. Instead, jurists interpreted the amendment narrowly. In a society dependent on cars, everyone—the law-breaking and law-abiding alike—would be subject to discretionary policing.

Seo overturns prevailing interpretations of the Warren Court’s due process revolution. 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. Constitutional challenges to traffic stops largely failed, and motorists “driving while black” had little recourse to question police demands. Seo shows how procedures designed to safeguard us on the road ultimately undermined the nation’s commitment to equal protection before the law.

Product Details

ISBN-13: 9780674980860
Publisher: Harvard
Publication date: 04/08/2019
Pages: 352
Sales rank: 363,122
Product dimensions: 6.20(w) x 9.30(h) x 1.40(d)

About the Author

Sarah A. Seo is Associate Professor of Law at the University of Iowa, where she teaches criminal procedure and legal history. She clerked on the U.S. Court of Appeals for the Second Circuit and on the U.S. District Court for the Southern District of New York.

Table of Contents

Introduction 1

1 A Mystery of Traffic 21

2 From Lumbering Foot Patrolmen to Motor-Mounted Policemen 64

3 The Automotive Fourth Amendment 113

4 It Could Happen to You 156

5 The Right to Privacy in Public 201

6 The Fourth Amendment Tool in Criminal Patrol 231

Epilogue 267

Abbreviations 277

Notes 281

Acknowledgments 331

Index 335

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