Discretionless_Policingx_Technology_and_the_Fourth_Amendment

Discretionless_Policingx_Technology_and_the_Fourth_Amendment...

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Copyright (c) 2007 California Law Review California Law Review February, 2007 95 Calif. L. Rev. 199 LENGTH: 17070 words ESSAY: Discretionless Policing: Technology and the Fourth Amendment NAME: Elizabeth E. Joh+ BIO: Copyright © 2007 California Law Review, Inc. California Law Review, Inc. (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. + Acting Professor of Law, University of California, Davis (eejoh@ucdavis.edu); B.A., Yale University; J.D., Ph.D. (Law and Society), New York University. Thanks to Floyd Feeney, Kevin R. Johnson, Erik Luna, Charles Reichmann for comments; to the librarians of U.C. Davis Law Library for their assistance; and to Dean Rex Perschbacher and the U.C. Davis School of Law for institutional support. SUMMARY: ... What if we could eliminate police discretion from traffic stops by using a computer to accomplish what police officers do without racial prejudice? The technology and a plan to automate law enforcement exist, yet neither has received serious attention. . .. Beginning in 2007, United Arab Emirates law will require every car owner to have an in-vehicle smart-box that communicates information about a driver's speed and triggers the automatic issue of a traffic ticket. . .. Because no one has written about the potential changes to police discretion that could result from new technology, we lack a thorough assessment of DSRC technology, including the relative merits of automated enforcement. . .. Thus, political pressures on the police to render their own practices transparent or to embrace a fully democratic policing ideal have yielded only limited success in reducing or eliminating the improper use of police discretion. . .. It is DSRC technology that will permit the rapid, real-time data exchange that will make any automated enforcement program possible. . .. A recent case from the Connecticut Supreme Court discussed the speed enforcement policy of American Car Rental, Inc., which installed a GPS device in each of its cars in order to record each car's speed and location. . .. Automated enforcement would contain no means for a violator to plead her case to a sympathetic ear, nor a means for a police officer to conduct a traffic stop on a pretext. . .. HIGHLIGHT: What if we could eliminate police discretion from traffic stops by using a computer to accomplish what police officers do without racial prejudice? The technology and a plan to automate law enforcement exist, yet neither has received serious attention. An automated
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enforcement program would eliminate stops based on nearly all the most frequently used justifications to stop drivers, including speeding, record checks and other vehicle code violations. If the war on drugs continued to exist, it would no longer use the traffic stop. Recent federal
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This note was uploaded on 09/08/2010 for the course POLS 190 at San Jose State University .

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Discretionless_Policingx_Technology_and_the_Fourth_Amendment...

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