Evolution of the 4th Amendment in Traffic Stops

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The Evolution of the Fourth Amendment: Probable Cause and It’s Effect on Search and Seizure during Traffic Stops Richard B. Carpenter Adams State College Abstract In this paper, we will take a look at the Fourth Amendment and some of its evolution over time, especially concerning the definition of “probable cause” and its capacity to allow law enforcement access to our homes, our vehicles, and our persons, but more so in how it applies to driver and vehicle during traffic stops. We will view data showing most people encounter the law during a traffic stop than anywhere else, and look at the disparity in search and arrest that minority’s face when put up against white drivers. We will also look at a few cases that symbolize the difference between search and seizure of home and of vehicle, called the motor vehicle exception, discuss how racial profiling might play a part in the minority gap, and finally look to see if these changes take away our protections to catch criminals, or help define the vague language of a law with hundreds of years of important history. The Evolution of the Fourth Amendment: Probable Cause and It’s Effects on Search and Seizure during Traffic Stop The Bill of Rights gives us many protections for our natural rights and our property. Included in those rights is the Fourth Amendment, which guards us from illegal search and seizure. Even though many believe changes in the Fourth Amendment are needed to catch criminals, terrorists, and keep society safe, Americans Fourth Amendment protection from illegal search and seizure is constantly being challenged by law enforcement as courts continue to define the scope and limitations that law enforcement has when contemplating probable cause and its ability to allow warrantless search of person and vehicle. Do these challenges change these

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