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Dodging A Bullet, But Opening Old Wounds In Fourth Amendment Jurisprudence, Ronald J. Bacigal
Dodging A Bullet, But Opening Old Wounds In Fourth Amendment Jurisprudence, Ronald J. Bacigal
Law Faculty Publications
The Court began its opinion in Winston by "putting to one side the procedural protections of the warrant requirement. " The parties agreed that the defendant had received "a full measure of procedural protections"and that the state had met the "ordinary" standard of probable cause for a search. "Notwithstanding the existence of probable cause" and the state's full compliance with the procedures required by the warrant clause, the Court found that the reasonableness clause of the fourth amendment demands "a more substantial justification" than probable cause. The Court viewed this higher level of justification as a substantive requirement of the …
An Alternative Approach To The Good Faith Controversy, Ronald J. Bacigal
An Alternative Approach To The Good Faith Controversy, Ronald J. Bacigal
Law Faculty Publications
This Article examines the role of police motivation in all facets of fourth amendment jurisprudence and demonstrates that the Court has often considered good faith as one relevant but ill-defined factor in determining substantive aspects of the fourth amendment. The Article concludes that this ambiguous and flexible approach to substantive fourth amendment rights should be utilized when applying the remedy of exclusion.