NCJ Number
122963
Journal
American Criminal Law Review Volume: 26 Issue: 4 Dated: (Spring 1989) Pages: 1397-1432
Date Published
1989
Length
36 pages
Annotation
United States Supreme Court decisions since 1967 have systematically narrowed the scope of the Fourth Amendment protection against unreasonable searches and seizures. These changes can be regarded either as the outcome of a political struggle or a perversion of the ideals of individualism on which the United States was founded.
Abstract
The amendment resulted from abuses of power during the colonial era, and few cases involving it arose during the first 100 years following the ratification of the Bill of Rights. However, Supreme Court decisions in 1877 and 1886 established the exclusionary rule; subsequent decisions variously supported individual rights and government powers. In 1967, individuals received the highest degree of Fourth Amendment protection from unreasonable governmental intrusions in Katz v. United States. However, decisions since then have undermined the Katz decision and increasingly narrowed the definition of unreasonable searches and seizures. Unless the Rehnquist Court returns to the principles demanded by the founders of the nation and repeated in the Katz decision, the supporters of the current court majority may come to regret their willingness to trade their liberty for the false security of a claim that warrantless searches are not unreasonable. 140 footnotes.