NCJ Number
18155
Journal
University of Chicago Law Review Volume: 42 Issue: 1 Dated: (FALL 1974) Pages: 47-85
Date Published
1974
Length
39 pages
Annotation
DISCUSSION OF WHAT THE AMENDMENT PROTECTS AND THE CONDITIONS UNDER WHICH A SEARCH WARRANT IS OR IS NOT REQUIRED.
Abstract
SEVERAL SUPREME COURT DECISIONS ARE CITED TO EXPLAIN THE SCOPE AND THE INTERPRETATION OF THE FOURTH AMENDMENT RIGHT AGAINST 'UNREASONABLE SEARCHES AND SEIZURES'. THREE DISTINCT ASPECTS OF PRIVACY - PRIVACY OF PRESENCE, PRIVACY OF PLACE, AND PRIVACY OF POSSESSION - ARE IDENTIFIED AND EXAMINED IN THE LIGHT OF FOURTH AMENDMENT GUARANTEES. CONSIDERATION OF THE CONDITIONS UNDER WHICH A WARRANTLESS SEARCH MAY BE PERMITTED FOCUSES ON THOSE SEARCHES 'INCIDENT TO AN ARREST'. ALSO CONSIDERED ARE THE CRITERIA FOR CONSENSUAL SEARCHES AND THE CIRCUMSTANCES UNDER WHICH CONSENT TO A SEARCH IS NECESSARY AND SUFFICIENT. ALSO DISCUSSED BRIEFLY IS THE DISTINCTION BETWEEN PRIVATE AND PUBLIC PROPERTY AND THE CONSTITUTIONAL RELEVANCE OF 'INCOMPLETE PRIVACIES' IN THE LIGHT OF MODERN TECHNOLOGICAL ADVANCES.