Abstract

http://ssrn.com/abstract=1714065
 


 



Searching for the Fourth Amendment: Looking for Law in All the Wrong Cases


Stanley A. Goldman


Loyola Law School Los Angeles

November 23, 2010

Loyola-LA Legal Studies Paper No. 2010-54

Abstract:     
Whether we are speaking of Hudson v. Michigan, Herring v. United States, Arizona v. Gant, Thornton v. United States or even though slightly older Illinois v. Wardlow, these cases represent a trend by the high court to limit the scope of both the 4th amendment and the exclusionary rule. The result is that law enforcement will obtain greater freedom to engage in stop and frisk as well as search and seizure without fear that the evidence may be excluded during the course of any subsequent criminal trial. The problem with these cases may be that they fail to recognize the societal costs of giving police such free reins without consequences. In this 25 page paper, the author summarizes and examines these and other recent United States Supreme Court cases and concludes that they are often being interpreted by lower courts to create broader powers in the police than the cases themselves actually provide. In some respects, this article is both an examination of what the cases "could" stand for if interpreted either broadly or narrowly. There is much for prosecutors in these cases, but there is also a surprising amount left to be argued by defense counsel, who may still find arguments for exclusion in the modifiers that are provided by either an essential 5th vote concurrence or by the majority opinion itself. If nothing else, this article provides a quick summary of the essentials of these transformative cases.

Number of Pages in PDF File: 24

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Date posted: November 26, 2010  

Suggested Citation

Goldman, Stanley A., Searching for the Fourth Amendment: Looking for Law in All the Wrong Cases (November 23, 2010). Loyola-LA Legal Studies Paper No. 2010-54. Available at SSRN: http://ssrn.com/abstract=1714065 or http://dx.doi.org/10.2139/ssrn.1714065

Contact Information

Stanley A. Goldman (Contact Author)
Loyola Law School Los Angeles ( email )
919 Albany Street
Los Angeles, CA 90015-1211
United States
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