NCJ Number
123487
Journal
Criminal Justice Journal Volume: 11 Issue: 2 Dated: (Spring 1989) Pages: 293-356
Date Published
1989
Length
63 pages
Annotation
This article argues that the fourth amendment is being interpreted such that it has little practical effect, and its historical interpretation is examined.
Abstract
Initially, the amendment applied to searches and seizures that involved a property interest. The scope of the amendment was then altered to cover any potential invasions of privacy. The rationale was to protect privacy even though the defendant did not have a possessory interest of the property searched or seized. Gradually, the courts have developed exceptions to search and arrest warrants and have diluted probable cause requirements. The various exceptions to warrant and probable cause requirements are analyzed, and it is concluded that the courts are conferring more power on law enforcement officials to obtain evidence at the expense of the individual's right to privacy. The exclusionary rule is weakened to increase the State's effectiveness in controlling crime. It is asserted that the diminishing significance of the fourth amendment will effect the court's interpretation of other rights. 502 footnotes.