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William & Mary Law School

Searches and Seizures

2011

Articles 1 - 2 of 2

Full-Text Articles in Law

Crime-Severity Distinctions And The Fourth Amendment: Reassessing Reasonableness In A Changing World, Jeffrey Bellin Nov 2011

Crime-Severity Distinctions And The Fourth Amendment: Reassessing Reasonableness In A Changing World, Jeffrey Bellin

Faculty Publications

A growing body of commentary calls for the Supreme Court to recalibrate its Fourth Amendment jurisprudence in response to technological and social changes that threaten the traditional balance between public safety and personal liberty. This Article joins the discussion, highlighting a largely overlooked consideration that should be included in any modernization of Fourth Amendment doctrine—crime severity.

The Supreme Court emphasizes that “reasonableness” is the “touchstone” of Fourth Amendment analysis. Yet, in evaluating contested searches and seizures, current Fourth Amendment doctrine ignores a key determinant of reasonableness, the crime under investigation. As a result, an invasive search of a suspected murderer …


Following You Here, There, And Everytwhere: An Investigation Of Gps Technology, Privacy, And The Fourth Amendment, Stephanie Gaylord Forbes Oct 2011

Following You Here, There, And Everytwhere: An Investigation Of Gps Technology, Privacy, And The Fourth Amendment, Stephanie Gaylord Forbes

W&M Law Student Publications

No abstract provided.