Innocence, privacy, and targeting in Fourth Amendment jurisprudence

Article Abstract:

Dominant Fourth Amendment thought on the right to be free of unreasonable searches and seizures fails to integrate the substantive and procedural components of this right. The harms that the right is intended to prevent are both the substantive harm of privacy being violated and the procedural harm of government invasion of privacy without justification. Fourth Amendment analysis that pits the privacy rights of individuals against public crime control concerns fails to consider all the types of harm that the amendment is intended to prevent.

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Fourth Amendment in increasing danger

Article Abstract:

House Republicans' plans to legalize the use of evidence seized illegally would all but abolish the Fourth Amendment. Courts have allowed some illegally obtained evidence to be used, but not in cases where the police overstepped their legal authority. The proposed law would create a 'good faith' test under which a police officer's actions would be deemed in good faith if they were 'objectively reasonable.' Such a standard is impossible to define. Case law surrounding the issue is discussed.

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Warrantless searches

Article Abstract:

The general rule under the Fourth Amendment is that police officers must have probable cause and a warrant to perform a lawful search. Exceptions to this rule continue to grow, however, and most searches being conducted are warrantless. Judicial rulings have added police searches for a "community caretaking function" to the list of exceptions, and reluctance to use this exception has all but disappeared.

United States, Warrants (Law)

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