NCJ Number
122383
Journal
Indiana Law Journal Volume: 64 Issue: 4 Dated: (Fall 1989) Pages: 907-923
Date Published
1989
Length
17 pages
Annotation
Recent Supreme Court decisions relating to fourth amendment search warrant requirements are discussed, with emphasis on Murray v. United States, a 1988 decision.
Abstract
The fourth amendment does not require a warrant as a prerequisite to a reasonable search. Instead, it requires probable cause as a prerequisite for a warrant. In Murray, the Court claimed that a warrant requirement existed, but did not enforce the requirement thus causing confusion among police, judges, and the public. To alleviate confusion, the Court should adopt one of two models for fourth amendment protection. The first model would permit all searches or seizures considered to be reasonable, considering, on a case-by-case basis all relevant factors. The second model would always, whenever practicable, require a warrant for every search and seizure. The Court followed model one in Murray. It could better serve justice by articulating a rule requiring a warrant whenever practicable and then enforcing that rule through the exclusionary sanction. 84 footnotes.