Throughline: We the People – Search and Seizure

Introduction

In the episode titled "We the People: Search and Seizure," NPR's Throughline delves into the evolution of the Fourth Amendment and its profound impact on American policing and civil liberties. Hosted by Rund Abdelfatah and Ramtin Arablouei, the episode traces the historical roots of the Fourth Amendment, explores landmark Supreme Court cases, and examines how interpretations of "reasonable" searches have expanded governmental authority, often at the expense of individual freedoms and disproportionately affecting communities of color.

Historical Origins: From Writs of Assistance to the Fourth Amendment

The narrative begins by setting the stage in the early 20th century, highlighting the rampant use of writs of assistance during the American Revolution—general warrants that allowed officers to search any location without specific cause. Sarah Seo, a law professor at Columbia University and author of Chokehold: Policing Black Men, provides context:

"These writs of assistance... 'allowed officers to look all over for what they could find,' without specifying what or where." (08:07)

The oppressive nature of these writs galvanized figures like James Otis and John Adams, leading to the drafting of the Fourth Amendment. The amendment was meticulously crafted to protect individuals from "unreasonable searches and seizures." Sarah Seo reads the Fourth Amendment, emphasizing its poetic and interpretative nature:

"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated." (10:44)

Automobiles and the Fourth Amendment: The George Carroll Case

Transitioning to the 1920s, the episode examines the advent of the automobile and its unforeseen implications on the Fourth Amendment. The rise of cars introduced new challenges in policing, particularly during Prohibition. The story of George Carroll, a suspected bootlegger, is pivotal:

"They just decided to pull it over because they thought, that's Carol's car, and we know that he's a bootlegger." (03:46)

Despite Carroll's argument that the search was unconstitutional without a warrant, the Supreme Court ruled that if an officer has "reasonably trustworthy information," they could search without a warrant. Chief Justice William Howard Taft stated:

"As long as an officer has, 'reasonably trustworthy information'... that's enough probable cause to search that car without a warrant." (18:18)

This decision shifted the balance, granting police officers the authority to make on-the-spot judgments about searches, effectively expanding governmental power under the guise of reasonableness.

Terry v. Ohio: Expanding Police Discretion and Racial Implications

Fast forward to the 1960s, amidst the Civil Rights Movement and national unrest. The episode highlights the landmark case of Terry v. Ohio, where Officer McFadden's stop and frisk of John Terry and his companions set a precedent for "reasonable suspicion" rather than the higher standard of "probable cause."

"The constitutional basis for objecting to intentionally discriminatory application of the laws is the equal protection clause, not the Fourth Amendment." (42:07)

Sarah Seo underscores the racial undertones of such policing practices:

"The essence of stop and frisk doctrine is the sanctioning of judicially uncontrolled and uncontrollable discretion by law enforcement officers... an instrument of oppression of the unpopular... Especially black Americans." (29:43)

The Terry decision legitimized stop-and-frisk practices, granting officers broad discretion to detain individuals based on vague suspicions, often influenced by racial biases.

Modern-Day Implications: From Traffic Stops to Digital Privacy

The episode transitions to contemporary times, illustrating how the foundational decisions continue to influence modern policing and digital privacy. Traffic stops remain the most common police encounter, with over 1,000 people killed in such incidents since 2017, disproportionately affecting Black individuals.

Sarah Seo reflects on the personal and societal impacts:

"Potentially a lot of black and brown people... if an officer sees your black or brown face, that might be a reason that she wants to investigate you." (44:41)

Rund Abdelfatah points to the ongoing transformation of the Fourth Amendment in the digital age:

"We have smartphones, the Internet... These are all raising new Fourth Amendment questions." (45:57)

Issues such as location tracking, digital searches, and online privacy are now at the forefront of Fourth Amendment debates, mirroring the automobile's historical impact.

Legal Challenges and Continuing Struggles

The episode details ongoing legal battles that further entrench police power. For instance, in the case of Wren v. United States, the Supreme Court upheld the ability of officers to search vehicles based on minor traffic violations, regardless of ulterior motives:

"If you violated any traffic rule, even if that was waiting at a stop sign too long... police can pull you Over." (41:39)

This ruling emphasizes that the Constitution's language permits broad interpretations, often sidelining the original intent to protect individual liberties.

Conclusion: The Fourth Amendment's Dual Role

In wrapping up, the hosts and guests reflect on the paradoxical evolution of the Fourth Amendment. Initially designed to limit governmental power, its interpretations have increasingly empowered law enforcement, frequently at the expense of marginalized communities.

"The Fourth Amendment began as a tool to protect people from the government. And it feels like now it's become a tool for the government, specifically law enforcement." (47:21)

Sarah Seo passionately advocates for the practical application of constitutional rights:

"Martin Luther King once said, all we want is what you wrote on paper... I’m going to fight like hell to see if the Constitution can apply to me." (49:21)

The episode concludes with a somber reminder of the ongoing struggle to balance security and liberty, urging listeners to question and challenge the ever-expanding reach of governmental authority under the guise of reasonableness.

Key Takeaways

• Historical Context: The Fourth Amendment was a response to oppressive search practices during the American Revolution, aiming to protect individual privacy.

• Automobiles and Policing: The rise of the automobile introduced new challenges, leading to pivotal court cases that expanded police search powers.

• Supreme Court Decisions: Landmark cases like Carroll v. United States and Terry v. Ohio redefined "reasonable" searches, often increasing police discretion.

• Racial Implications: Expanded search powers have disproportionately affected Black and brown communities, reinforcing systemic biases.

• Modern Challenges: The digital age continues to pose new questions about privacy and the scope of the Fourth Amendment.

• Continued Struggle: Efforts to assert and protect constitutional rights remain crucial in the face of evolving governmental powers.

Notable Quotes

• Sarah Seo: "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated." (10:44)

• Paul Butler: "Are we consuming the new living conveniences faster than we can digest them? Are we not like one who overeats?" (13:20)

• Paul Butler: "If you violated any traffic rule... police can pull you Over." (41:39)

• Sarah Seo: "I'm going to fight like hell to see if the Constitution can apply to me." (49:21)

Final Thoughts

"We the People: Search and Seizure" offers a comprehensive exploration of the Fourth Amendment's journey from its inception to its current state, highlighting the tension between individual rights and governmental authority. Through historical anecdotes, legal analysis, and personal narratives, the episode underscores the importance of vigilance in safeguarding constitutional protections against expanding state powers.