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John D. Castiglione

2007

Criminal Law and Procedure

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Hudson And Samson: The Roberts Court Confronts Privacy, Dignity, And The Fourth Amendment, John D. Castiglione Jan 2007

Hudson And Samson: The Roberts Court Confronts Privacy, Dignity, And The Fourth Amendment, John D. Castiglione

John D. Castiglione

This article analyzes Samson v. California and Hudson v. Michigan, the Roberts Court's first major Fourth Amendment decisions. In Samson, the Court upheld a California law allowing government officials to search parolees without any suspicion of wrongdoing. In Hudson, the Court held that knock-and-announce violations do not carry a remedy of exclusion. Hudson not only rejected what every state and every federal court, save one, believed to be the proper remedy for knock-and-announce violations, but called into question the Supreme Court's continued support of a general Fourth Amendment exclusionary principle. Part One examines the Court's decision in Samson, tying it …