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Full-Text Articles in Law

In Search Of A Fourth Amendment For The Twenty-First Century, Lewis R. Katz Jul 1990

In Search Of A Fourth Amendment For The Twenty-First Century, Lewis R. Katz

Indiana Law Journal

No abstract provided.


Fourth Amendment Applicability, John O. Sonsteng Jan 1990

Fourth Amendment Applicability, John O. Sonsteng

Faculty Scholarship

A large percentage of fourth amendment litigation involves the issues of applicability to place, waiver/consent, and the reasonable expectation of privacy. Not one of these issues, however, has the remotest thing to do with the ultimate substance of the fourth amendment protection itself. They deal exclusively with the threshold question of whether the fourth amendment is even involved. Only if it is, do the actual requirements of the fourth amendment become material. This article examines the applicability of the fourth amendment prohibition against unreasonable search and seizures with respect to these common issues.