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

2011 Cato Supreme Court Review 237 (2011)

26 Pages Posted: 29 Aug 2011 Last revised: 17 Mar 2018

See all articles by Orin S. Kerr

Orin S. Kerr

University of California, Berkeley School of Law

Date Written: November 19, 2011

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.

Keywords: Fourth Amendment, exclusionary rule, qualified immunity

JEL Classification: K14, K41

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). 2011 Cato Supreme Court Review 237 (2011), Available at SSRN: https://ssrn.com/abstract=1918991

Orin S. Kerr (Contact Author)

University of California, Berkeley School of Law ( email )

Boalt Hall
Berkeley, CA 94720-7200
United States

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