Abstract

http://ssrn.com/abstract=1687427
 
 

Footnotes (739)



 


 



The Fourth Amendment’s Applicability to Residents of Homeless Shelters


Steven R. Morrison


University of North Dakota School of Law

2009

Hamline Law Review, Vol. 32, p. 319, 2009

Abstract:     
The extent to which residents of homeless shelters are protected by the Fourth Amendment in these shelters is an unsettled question of law because virtually no case law exists to establish or define this protection. Shelters are homes to homeless persons, and homeless persons are often quite vulnerable and in need of the security that well-defined Fourth Amendment jurisprudence provides. This article, therefore, examines the extent to which homeless persons should enjoy Fourth Amendment protections in homeless shelters. It applies settled Fourth Amendment law, conceptual approaches to the Fourth Amendment, and judicial opinions dealing with the Fourth Amendment and homeless persons residing in shelters and other places. It argues that in home-like shelters, residents ought to be accorded the Fourth Amendment protections that people receive in their own private homes. In other, less home-like shelters, it argues that a version of Terry v. Ohio should apply, allowing warrantless and unconsented-to searches only where threats of physical violence arise. This would protect shelter residents’ privacy where there is no threat of physical violence while satisfying the governmental interest in public safety.

Number of Pages in PDF File: 97

Keywords: Fourth Amendment, Homelessness, Homeless Shelters

Accepted Paper Series





Download This Paper

Date posted: October 5, 2010 ; Last revised: July 30, 2012

Suggested Citation

Morrison, Steven R., The Fourth Amendment’s Applicability to Residents of Homeless Shelters (2009). Hamline Law Review, Vol. 32, p. 319, 2009. Available at SSRN: http://ssrn.com/abstract=1687427

Contact Information

Steven R. Morrison (Contact Author)
University of North Dakota School of Law ( email )
215 Centennial Drive Stop 9003
Grand Forks, ND 58202
United States
617-749-7817 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 251
Downloads: 26
Footnotes:  739

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.281 seconds