Fourth Amendment Remedies and Development of the Law: A Comment on Camreta v. Greene and Davis v. United States
Orin S. Kerr
The 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
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, K41Accepted Paper Series
Date posted: August 29, 2011 ; Last revised: November 21, 2011
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