By Eve M. Brank, Jennifer L. Groscup, and Kayla R. Sircy

The Fourth Amendment and court cases interpreting it provide guidelines for how law enforcement should legally approach searching for and taking evidence in criminal investigations. Though it originally applied to physical intrusion by law enforcement, current—and likely future—intrusions are more virtual in nature. Law enforcement officers no longer need to walk onto someone’s property to search for criminal activity because various technologies now provide similar or more in-depth information. Technological innovations have stretched the bounds of the Fourth Amendment. Although public opinion cannot answer the policy implications, it can speak to what the public reasonably expects of the police. In general, limited research demonstrates that the public has concerns about the way law enforcement officers can use technology in their investigations, but those concerns are not strong enough to decrease individuals’ technology use  

Annual Review of Law and Social Science Vol. 20:387-405, October 2024)

By Jedidiah L. Knode, Travis M. Carter

There is ongoing debate over the latitude of discretion police officers have when conducting stops and searches. While necessary due to resource limitations and need for individualized justice, discretion involves subjective characteristics of suspicion formation, such as race and ethnicity, which could perpetuate disparities in traffic enforcement. Research has yet to explore other marginalizing characteristics of suspicion formation, such as drivers’ social class. This study draws on over 550,000 stops conducted by a large state police agency in 2022 and 2023 to explore how vehicle values serve as class signals influencing officers’ discretion. We found disparities, whereby lower value vehicles were more likely to be searched than higher value vehicles after matching based on when, where, and under what circumstances stops occurred. However, searches of lower value vehicles were less likely to result in contraband recovery. Our findings highlight potential avenues for officer training and research analyzing inequalities in policing.

Justice Quarterly, September,  2024.