Taking the Fourth

James Madison   (Public Domain)

We hear many courtroom stories about taking the Fifth, but how about taking the Fourth?

The Fourth Amendment “prohibits unreasonable search and seizure.”  This can include protection from traffic stops by police without probable cause.

Nevertheless, Arizona’s Tempe Police Department launched what they called a “positive ticketing” campaign.  This allegedly entailed pulling lawful drivers over and rewarding them with coupons.

When word got out, there was an intense response on social media.  Assistant Law Professor Seth Stoughton wrote the following:  I applaud the sentiment, but this is absolutely unlawful.  A traffic stop is a seizure…

Resources

https://www.usatoday.com/story/news/nation/2019/07/29/tempe-police-positive-ticketing-campaign-could-unconstitutional/1861758001/

Copyright August 2, 2019 by Linda Van Slyke   All Rights Reserved