Abstract

http://ssrn.com/abstract=1918991
 


 



Fourth Amendment Remedies and Development of the Law: A Comment on Camreta v. Greene and Davis v. United States


Orin S. Kerr


George Washington University - Law School

November 19, 2011

Cato Supreme Court Review, Forthcoming
GWU Law School Public Law Research Paper No. 581
GWU Legal Studies Research Paper No. 581

Abstract:     
This essay considers how the Supreme Court's recent limits on remedies for Fourth Amendment violations threatens the future development of Fourth Amendment law. It focuses on two decisions from the October 2010 Supreme Court Term: Camreta v. Greene, 131 S. Ct. 2020 (2011), and Davis v. United States, 131 S.Ct. 2419 (2011). Both Camreta and Davis reflect an optimistic view that Fourth Amendment remedies can be limited without substantially inhibiting the proper development of the law. The essay suggest that development of Fourth Amendment law requires more robust remedies to create cases and controversies and provide incentives to litigate claims. It concludes by considering how the Supreme Court might best foster law-development in a regime of limited Fourth Amendment remedies.

Number of Pages in PDF File: 26

Keywords: Fourth Amendment, exclusionary rule, qualified immunity

JEL Classification: K14, K41

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Date posted: August 29, 2011 ; Last revised: November 21, 2011

Suggested Citation

Kerr, Orin S., Fourth Amendment Remedies and Development of the Law: A Comment on Camreta v. Greene and Davis v. United States (November 19, 2011). Cato Supreme Court Review, Forthcoming; GWU Law School Public Law Research Paper No. 581; GWU Legal Studies Research Paper No. 581. Available at SSRN: http://ssrn.com/abstract=1918991

Contact Information

Orin S. Kerr (Contact Author)
George Washington University - Law School ( email )
2000 H Street, N.W.
Washington, DC 20052
United States
202-994-4775 (Phone)
202-994-9817 (Fax)
HOME PAGE: http://www.law.gwu.edu/faculty/profile.asp?ID=3568
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