Policing the open road : how cars transformed American freedom.

Winner of the Littleton-Griswold Prize Winner of the Ralph Waldo Emerson Award Winner of the Order of the Coif Award Winner of the David J. Langum Sr. Prize in American Legal History Winner of the Berkshire Conference of Women Historians Book Prize A Smithsonian Best History Book of the Year "With insights ranging from the joy of the open road to the indignities--and worse--of 'driving while black,' Sarah Seo makes the case that the 'law of the car' has eroded our rights to privacy and equal justice." --Paul Butler, author of Chokehold "A fascinating examination of how the automobile reconfigured American life, not just in terms of suburbanization and infrastructure but with regard to deeply ingrained notions of freedom and personal identity." --Hua Hsu, New Yorker "From traffic stops to parking tickets, Seo traces the history of cars alongside the history of crime and discovers that the two are inextricably linked." --Smithsonian When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept--and expect--pervasive police power, a radical transformation with far-reaching consequences. Before the twentieth century, most Americans rarely came into contact with police officers. But in a society dependent on cars, everyone--law-breaking and law-abiding alike--is subject to discretionary policing. Seo challenges prevailing interpretations of the Warren Court's due process revolution and argues that the Supreme Court's efforts to protect Americans did more to accommodate than limit police intervention. Policing the Open Road shows how the new procedures sanctioned discrimination by officers, and ultimately undermined the nation's commitment to equal protection before the law. Winner of the Ralph Waldo Emerson Award Winner of the Littleton-Griswold Prize Winner of the Order of the Coif Book Award How the rise of the car, the symbol of American personal freedom, inadvertently led to ever more intrusive policing—with disastrous consequences for racial equality in our criminal justice system. When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept—and expect—pervasive police power. As Policing the Open Road makes clear, this radical transformation in the nature and meaning of American freedom has had far-reaching political and legal consequences. Before the twentieth century, most Americans rarely came into contact with police officers. But with more and more drivers behind the wheel, police departments rapidly expanded their forces and increased officers’ authority to stop citizens who violated traffic laws. The Fourth Amendment—the constitutional protection against unreasonable searches and seizures—did not effectively shield individuals from government intrusion while driving. Instead, jurists interpreted the amendment narrowly. In a society dependent on cars, everyone—the law-breaking and law-abiding alike—would be subject to discretionary policing. Seo overturns prevailing interpretations of the Warren Court’s due process revolution. The justices’ efforts to protect Americans did more to accommodate than to limit police intervention, and the new criminal procedures inadvertently sanctioned discrimination by officers of the law. Constitutional challenges to traffic stops largely failed, and motorists “driving while black” had little recourse to question police demands. Seo shows how procedures designed to safeguard us on the road ultimately undermined the nation’s commitment to equal protection before the law. A Smithsonian Best History Book of the Year Winner of the Littleton-Griswold Prize Winner of the Ralph Waldo Emerson Award Winner of the Order of the Coif Award Winner of the Sidney M. Edelstein Prize Winner of the David J. Langum Sr. Prize in American Legal History Winner of the Berkshire Conference of Women Historians Book Prize "From traffic stops to parking tickets, Seo traces the history of cars alongside the history of crime and discovers that the two are inextricably linked." — Smithsonian When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept—and expect—pervasive police power, a radical transformation with far-reaching consequences. Before the twentieth century, most Americans rarely came into contact with police officers. But in a society dependent on cars, everyone—law-breaking and law-abiding alike—is subject to discretionary policing. Seo challenges prevailing interpretations of the Warren Court's due process revolution and argues that the Supreme Court's efforts to protect Americans did more to accommodate than limit police intervention. Policing the Open Road shows how the new procedures sanctioned discrimination by officers, and ultimately undermined the nation's commitment to equal protection before the law. "With insights ranging from the joy of the open road to the indignities—and worse—of 'driving while black,' Sarah Seo makes the case that the 'law of the car' has eroded our rights to privacy and equal justice...Absorbing and so essential." —Paul Butler, author of Chokehold "A fascinating examination of how the automobile reconfigured American life, not just in terms of suburbanization and infrastructure but with regard to deeply ingrained notions of freedom and personal identity." —Hua Hsu, New Yorker **How the rise of the car, the symbol of American personal freedom, inadvertently led to ever more intrusive policing--with disastrous consequences for racial equality in our criminal justice system.**When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept--and expect--pervasive police power. As__Policing the Open Road__makes clear, this radical transformation in the nature and meaning of American freedom has had far-reaching political and legal consequences.Before the twentieth century, most Americans rarely came into contact with police officers. But with more and more drivers behind the wheel, police departments rapidly expanded their forces and increased officers' authority to stop citizens who violated traffic laws. The Fourth Amendment--the constitutional protection against unreasonable searches and seizures--did not effectively shield individuals from government intrusion while driving. Instead, jurists interpreted the amendment narrowly. In a society dependent on cars, everyone--the law-breaking and law-abiding alike--would be subject to discretionary policing.Seo overturns prevailing interpretations of the Warren Court's due process revolution. The justices' efforts to protect Americans did more to accommodate than to limit police intervention, and the new criminal procedures inadvertently sanctioned discrimination by officers of the law. Constitutional challenges to traffic stops largely failed, and motorists "driving while black" had little recourse to question police demands. Seo shows how procedures designed to safeguard us on the road ultimately undermined the nation's commitment to equal protection before the law. When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept-and expect-pervasive police power. As Policing the Open Road makes clear, this radical transformation in the nature and meaning of American freedom has had far-reaching political and legal consequences.0Before the twentieth century, most Americans rarely came into contact with police officers. But with more and more drivers behind the wheel, police departments rapidly expanded their forces and increased officers' authority to stop citizens who violated traffic laws. The Fourth Amendment-the constitutional protection against unreasonable searches and seizures-did not effectively shield individuals from government intrusion while driving. Instead, jurists interpreted the amendment narrowly. In a society dependent on cars, everyone-the law-breaking and law-abiding alike-would be subject to discretionary policing. Seo overturns prevailing interpretations of the Warren Court's due process revolution. The justices' efforts to protect Americans did more to accommodate than to limit police intervention, and the new criminal procedures inadvertently sanctioned discrimination by officers of the law. Constitutional challenges to traffic stops largely failed, and motorists "driving while black" had little recourse to question police demands. Seo shows how procedures designed to safeguard us on the road ultimately undermined the nation's commitment to equal protection before the law "Policing the Open Road examines how the rise of the car, that symbol of American personal freedom, inadvertently led to ever more intrusive policing--with disastrous consequences for racial equality in our criminal justice system. When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile transformed American freedom in radical ways, leading us to accept--and expect--pervasive police power. As Policing the Open Road makes clear, this expectation has had far-reaching political and legal consequences."-- Provided by publisher Sarah Seo shows that the rise of the car, the symbol of American personal freedom, led to ever more intrusive policing, with devastating consequences for racial equality in our criminal justice system. Criminal procedures designed to safeguard us on the road undermined the nation’s commitment to equal protection before the law. Contents Introduction 1. A Mystery of Traffic 2. From Lumbering Foot Patrolmen to Motor-Mounted Policemen 3. The Automotive Fourth Amendment 4. It Could Happen to You 5. The Right to Privacy in Public 6. The Fourth Amendment Tool in Criminal Patrol Epilogue Abbreviations Notes Acknowledgments Index