Unsexing the Fourth Amendment

66 Pages Posted: 24 Sep 2014 Last revised: 27 Feb 2015

Date Written: September 22, 2014


Although rarely remarked upon in Fourth Amendment jurisprudence, traditional notions of sex and gender matter in a host of areas, from stop and frisks on the streets, to strip searches in schools and prisons, to the pat downs and body scans that have become the new normal at airports. The first goal of this Article is to uncover and draw attention to this aspect of the Fourth Amendment. The second concededly more ambitious goal is to interrogate this reliance on tradition. A Fourth Amendment preference for same-gender searches may comport with notions of modesty and societal norms. But at what cost to the Fourth Amendment? And at what cost to true equality?

Keywords: Fourth Amendment, searches and seizures, gender, sex, employment discrimination, strip searches, pat down, stop and frisk, airport searches, prison searches, school searches, race

Suggested Citation

Capers, I. Bennett, Unsexing the Fourth Amendment (September 22, 2014). UC Davis Law Review, Vol. 48, No. 855, 2015, Brooklyn Law School, Legal Studies Paper No. 395, Available at SSRN: https://ssrn.com/abstract=2499790

I. Bennett Capers (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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