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It argues that the Supreme Court’s framework in Whren v. U.S. improperly sidelines racial impact evidence, treating it as irrelevant “subjective” motive rather than considering reliable, objective proof of racial targeting. The text urges courts to incorporate race-related concerns into Fourth Amendment analysis when assessing the legality of pretext seizures.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/race-and-the-fourth-amendment-vol-25-no-9/443186/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/race-and-the-fourth-amendment-vol-25-no-9/443186.png","ImageObject",300,407,{"name":92,"@type":93},"Aria","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-09-30","2026-09-29",true,{"@type":102,"interactionType":103,"userInteractionCount":14},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What central issue does the article raise about police searches and seizures?","Question",{"text":112,"@type":113},"It argues that police practices have targeted Black people and that courts should account for racial targeting when evaluating searches and seizures under the Fourth Amendment.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"How does the article critique the Supreme Court’s approach in Whren v. U.S.?",{"text":117,"@type":113},"It says Whren treats racial impact evidence as irrelevant to Fourth Amendment reasonableness, focusing instead on objective probable cause for a traffic offense.",{"name":119,"@type":110,"acceptedAnswer":120},"What kind of evidence does the article claim courts should consider?",{"text":121,"@type":113},"It contends that evidence of racial decision-making can be grounded in solid empirical data, making it more objective than the courts typically accept in other evidentiary contexts.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},443186,1790765348,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":14,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":44,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":144},2336464648322,"https://ap-avatar.wpscdn.com/avatar/2200025388227c56fec?_k=1778556882303663488","Vol.25,No.9  \n# Introduction\n\nIn America,police targeting of black people for ex-cessive and disproportional search and seizure is a prac-tice older than the Republic itself.While many whitecolonists did experience arbitrary and suspicionless in-trusions of their homes and businesses,these practicespale in comparison to the indignities and invasions suf-fered by blacks at the hands of colonial officials.SeeWilliamJ.Cuddihy,The Fourth Amendment:Origins andOriginal Meaning602-1791,at 433(1990).White colo-nists rightfully protested that certain British search andseizure practices conferred “a power that places the lib-erty of every man in the hands of every petty officer,\"but at the same time,colonial officials denied blacks the  \nprivacy and personal security thatwhite Americans claimed as abirthright.Blacks,both slave andfree,were targeted for search andseizure because of their race—aphenomenon neverexperienced bywhite colonists.  \nThe Court should make racialconcerns a part of its FourthAmendment analysis  \nacross the nation continue to target blacks in a mannerreminiscent of colonial America.Officers target blackand Hispanic motorists because they hope to discoverillegal narcotics or other criminal evidence.Despite criti-cism of this practice,a unanimous Supreme Court re-cently stated that pretextual stops of black motorists donot implicate the Fourth Amendment's guarantee againstunreasonable searches and seizures.In Whren v.U.S.,116 S.Ct.1769(1996),the Court acknowledged thatrace-basedenforcement of traffic laws violates the Con-stitution,but it explained that \"the constitutional basisfor objecting to intentionally discriminatory applicationof law is the Equal Protection Clause,not the Fourth  \nToday,police departments  \n# RACE AND THE FOURTH AMENDMENT*\n\nby Tracey MaclinProfessor of Law.Boston University  \nAmendment.\"Id.at 1774.According to the Court,thesubjective intentions of the police,including police mo-tives based on racial stereotypes or bias,are irrelevant toordinary Fourth Amendment analysis.  \nThe reasonableness analysis of recent Fourth Amend-ment cases emphasizes objective standards.Seee.g.Ohiov.Robinette,117S.Ct.417,421(1996);Florida v.Jimeno,500 U.S.248,250-51(1991);Illinois v.Rodriguez,497U.S.177,185-86(1990).The Court dis-favors criteria and standards that requirejudges to ascer-tain the motivations and expectations of police officersand citizens enmeshed in confrontations that rarely haveneutral observers.Moreover,Whren's unwillingness toconsider the impact that pretextual traffic stops have on  \nOctober 1998  \nblack and Hispanic motorists isconsistent with the modern Court'strend to ignore evidence of racialimpact and its refusal to considerrace as a factor in the reasonable-ness analysis mandated by theFourth Amendment.  \nConsidering the Court's priorrulings,the decision in Whren to ignore racial impactwhen marking the protective boundaries of the FourthAmendment was predictable.Although Whren restatedthe Court's belief that the Fourth Amendment is indif-ferent to race,predictability is not the equivalence ofcorrectness.In Whren,the Court repeats its earlier mis-takes by neglecting racial concerns when constructingFourth Amendment rules that govem police-citizen in-teractions.  \nThis edition of SEARCH AND SEIZURE LAW REPORTargues that the Court should make racial concerns a partofits Fourth Amendment analysis.In particular,the Courtshould,where evidence indicates racial targeting,makeracial impact a factor in determining the legality of pre-text seizures.Currently,the Court focuses solely onwhether probable cause exists of a traffic offense whenjudging the legality of pretext seizures.Curiously,this  \nanalysis,taken from the Fourth Amendment's mandateof \"reasonable\"searches and seizures,fails to considera factor that often stands at the core of pretextual trafficstops and makes those encounters particularly unreason-able:race.  \n# Pretext seizures\n\nIn Whren,two black defendants argued that plain-clothes vi","cbCaiphGwHkHWmIf","https://ap.wps.com/l/cbCaiphGwHkHWmIf","pdf",2965424,"English","# Introduction\n## RACE AND THE FOURTH AMENDMENT*\n## Pretext seizures\n## Objective evidence that racial targeting exists","[{\"question\":\"What central issue does the article raise about police searches and seizures?\",\"answer\":\"It argues that police practices have targeted Black people and that courts should account for racial targeting when evaluating searches and seizures under the Fourth Amendment.\"},{\"question\":\"How does the article critique the Supreme Court’s approach in Whren v. U.S.?\",\"answer\":\"It says Whren treats racial impact evidence as irrelevant to Fourth Amendment reasonableness, focusing instead on objective probable cause for a traffic offense.\"},{\"question\":\"What kind of evidence does the article claim courts should consider?\",\"answer\":\"It contends that evidence of racial decision-making can be grounded in solid empirical data, making it more objective than the courts typically accept in other evidentiary contexts.\"}]","RACE AND THE FOURTH AMENDMENT* - Vol. 25, No. 9 | PDF",1790703211,23]