Show Me Your Papers: Race and Street Encounters
![handle is hein.journals/natblj19 and id is 159 raw text is: SHOW ME YOUR PAPERS: RACE AND
STREET ENCOUNTERS
Justin S. Conroy*
The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no warrants shall issue, but upon probable cause, supported by oath
or affirmation, and particularly describing the place to be searched, and
the persons or things to be seized.
-U.S. Constitution, Fourth Amendment-
If I'm dressed in a knit cap and hooded jacket, I'm probable cause.
-Charles J. Ogletree, Professor of Law, Harvard Law School-
I. INTRODUCTION
Out of a strong democratic history and sacred founding documents,
our nation was created as a refuge from tyranny. The Constitution and
subsequent Amendments promised such basic rights as freedom of religion,
speech, and expression. The Constitution also guaranteed protections
against government oppression and unreasonable search and seizure.
These ideals, however, have never been uniformly applied. African Ameri-
cans have never enjoyed the benefits of full and equal rights, but have in-
stead suffered oppression, racism, and degradation. Advocates for equal
rights have battled tirelessly on behalf of African Americans, from aboli-
tionists and suffragists to civil rights workers. Despite their efforts, une-
qual administration of the law continues to taint the fountain of justice.
Therefore, racial minorities, particularly African Americans, must continue
to fight and advocate for equality.
A basic right and privilege, which most people undoubtedly take for
granted, is the ability to travel freely.' Whether by plane, car, or other
vehicle, most individuals are entitled to go where they want when they
want. In its simplest form, the right to free travel includes walking the
streets. Accordingly, the Fourth Amendment shields people from intrusive
or unfounded violations of privacy by prohibiting searches or seizures with-
out probable cause. As applied to street encounters, the Fourth Amend-
ment prohibits police and other law enforcement from randomly stopping
and searching individuals. Unfortunately, as in other areas of law, this le-
* The author attended Northwestern University (BA, 2000) and the University of Mary-
land School of Law (JD, 2005). He currently resides in Baltimore and is an attorney at the Na-
tional Labor Relations Board in Washington, DC. The conclusions and opinions expressed
herein are exclusively those of the author, and do not represent the position of the NLRB, its
General Counsel or staff, or any office of the United States Government. The author wishes to
thank his wife, Callie H. Conroy, for her love, support, and helpful suggestions with this article.
1. See, e.g., Kent v. Dulles, 357 U.S. 116, 125-26 (1958) (stating definitively that the right to
travel is a part of the 'liberty' of which the citizen cannot be deprived without due process of law
under the Fifth Amendment ... [as] freedom of movement is basic in our scheme of values).](ViewImageLocal?handle=hein.journals/natblj19&div=15&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Show Me Your Papers: Race and Street Encounters
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most