Search and Seizure

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You have been stopped by the police on an interstate highway for an alleged traffic violation. When informed of the violation, you do not believe you committed it–or any violation. You produce the necessary documents asked for by the officer, who goes back to the police vehicle and returns to your vehicle with pen and citation book in hand. The officer has not begun to write the citation but begins asking routine questions: “Where are you going?” “From where are you coming?” “What is your occupation?” You notice that, to this point, the officer has not begun to write the citation. The officer then asks if you have any weapons or illegal drugs in the vehicle? When you say that you do not, s/he asks for permission to search your vehicle.

How would you respond? Would you give permission? If so, why? If not, why not? Be detailed in your answer.

 

Sample Solution

Search and seizure

Under the Fourth Amendment, you have the right to be protected from unlawful search and seizures. This applies to vehicles too, but the rights that protect drivers in these cases are slightly different than they are when an officer wishes to search another location. During a traffic stop, officers do not have the time to get a warrant from a judge to search your car. When you say no to a request by a police officer, you are asserting your lawful rights as a private citizen. If the officer demands you comply, then in most cases you have little choice or you will face a resisting arrest charge. Usually, though, the officer will know he cannot force you to submit to a search without a warrant, and is likely to continue to try to convince you to comply voluntarily. Only by saying no and sticking to that answer can you retain control of your constitutional right against unreasonable searches.

In spite of the possible motivation and challenges, Rome did see benefits from expansion. The most obvious benefit was the accumulation of large amounts of territory, increasing the reach of Roman power, taxation, and cultural influence. Expansion also lead to infrastructural innovation such as the implementation of a new sewer system and an aqueduct that allowed for the actual city itself to expand and for the quality of life to improve for all classes. By the time of the second century Rome was accumulating massive wealth through taxation and resources from the territories they acquired. This lead to the creation of a new bourgeoisie upper middle class called the equestrians; wealth and property were now no longer exclusively reserved for only the aristocracy and nobility. This new class, as well as the honor and fame associated with successful soldiers in war allowed for mobility between classes that was not commonly seen before. This mobility also allowed for equestrians to become publicans, a political position in which they are responsible for managing a province within the Roman Empire. Class mobility is significant because it creates a better standard of life for citizens of Rome and gave rise to many prominent political figures such as Cato the Elder who were able to rise from a lower class. This mobility was often due to military success, creating a larger and lengthier reward to being apart of the military. As discussed previously, the army held many severe consequences for those who failed or betrayed them, but equally grand rewards for those who are successful. Polybius writes, “For the rest of their lives, the men who were saved revere their rescuers like fathers and feel obliged to serve them in every way, as a son would a father. These incentives inspire not only those present in the ranks but also those back home to strive to outdo each other on the battlefield.” (Polybius 377) This passage indicates the social reward such as fame and glory, as well as the tangible rewards such as weaponry and wealth that awaited soldiers that were successful. Men like Cato the Elder were able to use this fame and success from the military to become politicians and hold great sway over the Roman Empire.

The incorporation of new cultures, specifically Greek culture, into the Roman Empire is yet anot

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