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http://ssrn.com/abstract=1501636
 
 

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Vagrants in Volvos: Ending Pretextual Traffic Stops and Consent Searches of Vehicles in Illinois


Timothy P. O'Neill


John Marshall Law School

November 7, 2009

Loyola University Chicago Law Journal, Vol. 40, p. 746, 2009

Abstract:     
Vagrancy laws provided a way of controlling the movement of former slaves in the South after the Civil War. The traffic code is the new way of controlling the movements of minorities in America. Aided by U.S. Supreme Court decisions in Whren, Atwater, and Caballes, police have almost unlimited discretion to stop any driver. But the use of traffic stops on minority drivers - for the purpose of obtaining consent to search the car without any probable cause or reasonable suspicion - is particularly pernicious. This article suggests ways to curb this police practice.

Number of Pages in PDF File: 35

Keywords: Whren, Atwater, Caballes, Fourth Amendment, consent

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Date posted: November 8, 2009  

Suggested Citation

O'Neill, Timothy P., Vagrants in Volvos: Ending Pretextual Traffic Stops and Consent Searches of Vehicles in Illinois (November 7, 2009). Loyola University Chicago Law Journal, Vol. 40, p. 746, 2009. Available at SSRN: http://ssrn.com/abstract=1501636

Contact Information

Timothy P. O'Neill (Contact Author)
John Marshall Law School ( email )
315 South Plymouth Court
Chicago, IL 60604
United States
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