UNITED STATES V. BAILEY - PROBABLE CAUSE AND REASONABLENESS TESTS UNDER THE FOURTH AMENDMENT - A DISTINCTION WITHOUT A DIFFERENCE

• NCJ Number: 7917
• Journal: Temple Law Quarterly Volume: 45 Issue: 4 Dated: (SUMMER 1972) Pages: 610-618
• Author(s): J K JONES
• Date Published: 1972
• Length: 9 pages
• Corporate Author: Temple University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

MEANINGFUL TESTS OF THE FOURTH AMENDMENT INDICATE THAT PROBABLE CAUSE AND REASONABLENESS ARE INDISTINGUISHABLY INTERWOVEN.

Abstract

THE PRINCIPAL CASE INVOLVED DEFENDANTS UNDER INDICTMENT FOR CONSPIRACY. THEIR CO-DEFENDANTS WERE CHARGED WITH BOTH CONSPIRACY AND FORGERY. THE GOVERNMENT SOUGHT TO COMPEL HANDWRITING EXEMPLARS FROM THE DEFENDANTS CHARGED ONLY WITH CONSPIRACY, STATING THAT THE INDICTMENTS PROVIDED PROBABLE CAUSE FOR SUCH A SEARCH. THE COURT DID NOT AGREE AND FOUND THAT, UNDER THE CIRCUMSTANCES, EXEMPLARS WERE AN UNREASONABLE INVASION.