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Criminal Law and Procedure

2012

Lewis R. Katz

Articles 1 - 2 of 2

Full-Text Articles in Law

"Lonesome Roads:" Driving Without The Fourth Amendment, Lewis R. Katz Mar 2012

"Lonesome Roads:" Driving Without The Fourth Amendment, Lewis R. Katz

Lewis R. Katz

American states and municipalities have so many minor traffic regulations that every time a driver gets behind the wheel of a car he or she is likely to commit multiple violations. The violation of any traffic regulation empowers police officers to stop the vehicle, ticket and, in some states, arrest the motorist. Police are physically unable to stop and ticket, let alone arrest, every motorist committing a traffic violation. Instead, police are vested with unlimited discretion when choosing which motorists to stop, warn, ticket, or arrest. So long as there is probable cause for a traffic violation, courts will not …


"Lonesome Road:" Driving Without The Fourth Amendment, Lewis R. Katz Feb 2012

"Lonesome Road:" Driving Without The Fourth Amendment, Lewis R. Katz

Lewis R. Katz

American states and municipalities have so many minor traffic regulations that every time a driver gets behind the wheel of a car he or she is likely to commit multiple violations. The violation of any traffic regulation empowers police officers to stop the vehicle, ticket and, in some states, arrest the motorist. Police are physically unable to stop and ticket, let alone arrest, every motorist committing a traffic violation. Instead, police are vested with unlimited discretion when choosing which motorists to stop, warn, ticket, or arrest. So long as there is probable cause for a traffic violation, courts will not …