Ever wonder how the law adapts to technology that makes it harder or easier for police to search and seize suspected criminals? Orin Kerr posits that an Equilibrium-adjustment exists. "Courts respond to the new facts by trying to restore the old level of protection. If a new technology or practice increased government power, courts ratchet up Fourth Amendment...
(Un)Reasonableness and the Roberts Court: The Fourth Amendment in Flux
"The Fourth Amendment famously provides that:
'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'
Although the Amendment’s text appears straightforward, the legal community has long debated precisely what that text means.
Part I of this essay discusses the concept of (un)reasonableness under the Fourth Amendment and explores the exclusionary rule’s background. Part II examines the four and a half cases decided in October Term 2008 that address Fourth Amendment issues. Part III looks at the justices’ voting patterns and offers a few thoughts about where the Court might be heading. Finally, Part IV suggests that it might be opportune for the Congress to step into the fray to consider providing greater privacy protections for individuals and better guidance for law enforcement officers."
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