NCJ Number
116683
Journal
Journal of Criminal Law and Criminology Volume: 79 Issue: 4 Dated: (Winter 1989) Pages: 1105-1184
Date Published
1989
Length
80 pages
Annotation
This article examines the scope and protection against unreasonable searches and seizures under the fourth amendment.
Abstract
The analytic framework of privacy is explored; the definition of a party's legitimate expectation of privacy with respect to the fourth amendment is presented; the remedy of the fourth amendment, the exclusionary rule, is analyzed; and subtle changes in constitutional doctrine are discussed. The transformation of the fourth amendment, which began in the 1970s, is analyzed. The article states that the Burger court initiated the attack on the exclusionary rule. The scope of the fourth amendment, including beeper cases, discrete sensing devices, 'open fields,' and aerial surveillance, is discussed. Expectations of privacy and rules governing 'standing' to assert a violation of the fourth amendment are presented. The structure of the fourth amendment is analyzed to gain an appropriate approach to and limits on the exercise of that authority. 450 references.