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Northwestern Pritzker School of Law

2021

Fourth Amendment

Articles 1 - 2 of 2

Full-Text Articles in Law

The Second Amendment In A Carceral State, Alice Ristroph Aug 2021

The Second Amendment In A Carceral State, Alice Ristroph

Northwestern University Law Review

No abstract provided.


The Fourth Amendment Stripped Bare: Substantiating Prisoners' Reasonable Right To Bodily Privacy, Meher Babbar Apr 2021

The Fourth Amendment Stripped Bare: Substantiating Prisoners' Reasonable Right To Bodily Privacy, Meher Babbar

Northwestern University Law Review

Prisoners’ rights to bodily privacy under the Fourth Amendment are limited, allowing detention officials to strip-search them for contraband. The extent to which the Fourth Amendment protects prisoners, however, is uncertain. Questions regarding whether strip searches require reasonable suspicion and the manner in which officials may conduct strip searches have troubled courts for decades. In the absence of clear guidance from the Supreme Court, courts have reached inconsistent conclusions, imperiling the human rights and dignity of prisoners. This Note argues that courts should define and apply prisoners’ rights to bodily privacy with reference to international human-rights law, specifically the United …