By Otis H. Stephens Jr., Richard A. Glenn
A well timed, old examine Fourth modification jurisprudence, overlaying greater than centuries of search-and-seizure legislation, from landmark judicial judgements to enduring controversies.
• A–Z directory of key contributors, old occasions, and landmark lawsuits, together with Boyd v. United States, the manager justiceship of Earl Warren, the Rehnquist court docket, the conflict on medicines, and the battle on terrorism
• Excerpts from serious fundamental files, court docket judgements, and statutory provisions
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Extra info for Unreasonable Searches and Seizures. Rights and Liberties under the Law
Sample text
S. 454; 1981). It should be noted that the Fourth Amendment reference to “seizures” extends to the arrest of a suspect as well as to items within his or her possession. In a recent decision, the Court further accommodated law enforcement officers by holding that even when the police do not make the arrest until after the suspect has exited the vehicle, they may nevertheless conduct a warrantless search of the passenger compartment (Thornton v. S. 615; 2004. ) Other exceptions within the general category of automobile searches include border searches and highway checkpoints.
Other exceptions within the general category of automobile searches include border searches and highway checkpoints. For example, the Court recently held unanimously that the federal government’s authority to conduct a warrantless inspection of an automobile entering the United States from Mexico need not be based on suspicion and could extend to removal, disassembly, and reassembly of the vehicle’s gas tank (United States v. S. 149; 2004. ) In a number of situations, the Supreme Court has been willing to uphold warrantless searches at highway checkpoints.
His four Supreme Court appointees, Chief Justice Warren Earl Burger, and Associate Justices Harry A. Blackmun, Lewis F. Powell, and William H. Rehnquist, although differing on a number of other constitutional issues, generally agreed that the exclusionary rule should be limited. As a result, the 1970s and 1980s witnessed a substantial weakening of the protections afforded by the exclusionary rule as well as other safeguards recognized by earlier Fourth Amendment interpretation. (See, for example, United States v.