Download this Paper Open PDF in Browser

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

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

35 Pages Posted: 8 Nov 2009  

Timothy P. O'Neill

John Marshall Law School

Date Written: November 7, 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.

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

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: https://ssrn.com/abstract=1501636

Timothy P. O'Neill (Contact Author)

John Marshall Law School ( email )

315 South Plymouth Court
Chicago, IL 60604
United States

Paper statistics

Downloads
107
Rank
214,383
Abstract Views
629