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Unreasonable

Black Lives, Police Power, and the Fourth Amendment

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1 of 1 copy available
1 of 1 copy available

How the Supreme Court's decision to treat unreasonable policing as reasonable under the Fourth Amendment has shortened the distance between life and death for Black people

The summer of 2020 will be remembered as an unprecedented, watershed moment in the struggle for racial equality. Published on the second anniversary of the global protests over the police killings of George Floyd and Breonna Taylor, Unreasonable is a groundbreaking investigation of the role that the law—and the U.S. Constitution—play in the epidemic of police violence against Black people.

In this crucially timely book, celebrated legal scholar Devon W. Carbado explains how the Fourth Amendment became ground zero for regulating police conduct—more important than Miranda warnings, the right to counsel, equal protection and due process. Fourth Amendment law determines when and how the police can make arrests, and it determines the precarious line between stopping Black people and killing Black people.

A leading light in the critical race studies movement, Carbado looks at how that text, in the last four decades, has been interpreted by the Supreme Court to protect police officers, not African Americans; how it sanctions search and seizure as well as profiling; and how it has become, ultimately, an amendment of life and death.

Accessible, radical, and essential reading, Unreasonable sheds light on a rarely understood dimension of today's most pressing issue.

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    • Publisher's Weekly

      January 24, 2022
      UCLA Law professor Carbado (coauthor, Acting White?) contends in this astute legal analysis that the Supreme Court has degraded the Fourth Amendment by giving law enforcement extraordinary powers to stop, frisk, and intrusively search Black citizens. Illustrating the degree to which constitutional protections against unreasonable searches and seizures have been weakened, Carbado takes a fictional Black woman named Tanya through a series of police interactions to show how, even without any “objective reason” to suspect her of illicit activity, officers can follow, question, search, and surveil her without violating the Fourth Amendment. Elsewhere, Carbado argues the Supreme Court’s “colorblind” approach to police power ignores the real-life relationship between the Black community and law enforcement; convincingly disputes the court’s insistence—in 1991’s Florida
      v. Bostick and other cases—that people approached by the police feel free “to decline officers’ requests or otherwise terminate the encounter” without being informed of their right to do so; and documents how the wide leeway the court gives police to use minor traffic infractions as a pretext to search for drugs and other criminal violations disproportionately affects people of color. Enriched by Carbado’s accessible analysis of court rulings and judicious selection of case studies, this is a powerful indictment of the criminal justice system.

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  • English

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