Ever wonder how the law adapts to technology that makes it harder or easier for police to search and seize suspected criminals? Orin Kerr posits that an Equilibrium-adjustment exists. "Courts respond to the new facts by trying to restore the old level of protection. If a new technology or practice increased government power, courts ratchet up Fourth Amendment...
The Uses and Misuses of Fourth Amendment History
"The doctrinal incoherence of Fourth Amendment law disturbs many judges and scholars. ...
Given the unsatisfactory quality of Fourth Amendment doctrine, attorneys and scholars have demonstrated a renewed interest in the original understanding and historical origins of the Fourth Amendment. ... The following discussion reviews three common interpretations of Fourth Amendment history. ...
An objective review of historical sources yields an original understanding of the Fourth Amendment that is both surprisingly clear, and surprisingly different from most contemporary readings. Historical sources indicate that the Framers were focused on a single, narrow problem: physical trespasses into houses by government agents. The Fourth Amendment was enacted to address this problem through a precise, bright-line rule. Before entering a house, law enforcement officers typically would need to obtain a specific warrant. ... But what about searches or seizures that did not involve physical entry into a house? Outside of house searches, the Fourth Amendment was simply inapplicable."
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- Fourth Amendment: Warrants, Searches, and Seizures
- Fourth Amendment: Search and Seizure
- Olmstead v. United States (1928)
- The Founder's Constitution: Amendment IV
- Searching Private Businesses And Other Property Without A Warrant: When Does Fourth Amendment Jurisprudence Make It The Rule Rather Than The Exception?
- Video: A Knock at the Door: Three Centuries of Governmental Search and Seizure
- Recovering The Original Fourth Amendment
- The Fourth Amendment: Origins and Original Meaning, 602 - 1791
- How We Got to Caballes
- Reconstructing the Fourth Amendment: A History of Search and Seizure, 1789-1868