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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 …