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Some Observations And Proposals On The Nature Of The Fourth Amendment, Ronald J. Bacigal

Law Faculty Publications

This article will analyze the fourth amendment from both the individual and limitation perspectives, and evaluate the desirability of each as a determinant of the reach of fourth amendment protection in specific situations. The individual perspective alone is an inadequate model to evaluate all interests relevant to fourth amendment problems.Conjunctive use of both perspectives, however, allows a complete and balanced analysis of the fourth amendment, and can eliminate the need to ponder such difficult questions as which expectations of privacy are socially justifiable and when an individual has waived his privacy rights. Although an accommodation between the two perspectives is …

Recent Cases, Daniel P. Smith, R. Michael Moore

Vanderbilt Law Review

Courts Split on the Necessity of Separate Authorization for a Covert Entry Under Title III of the Omnibus Crime Control and Safe Streets Act of 1968

Daniel Paul Smith

Title III of the Omnibus Crime Control and Safe Streets Act of 1968,' which regulates the use of electronic surveillance, was designed to protect "the privacy of wire and oral communications,"and to delineate "on a uniform basis the circumstances and conditions under which the interception of wire and oral communications may be authorized."' In general, communications may be intercepted only by law enforcement officers, who are engaged in the investigation of …

The Burger Court And The Fourth Amendment, Larry Yackle

Faculty Scholarship

In his 1974 Holmes Lectures, Anthony Amsterdam likened the Supreme Court in search and seizure cases to a committee "attempting to draft a horse by placing very short lines on a very large drawing board at irregular intervals during which the membership of the committee constantly changes." On that perception of the matter he cautioned against precipitous criticism when the completed draft resembles a camel. That advice, in my judgment, is reliable only in part. On the one hand, only the most arrogant of armchair critics would not concede that the Court's work is as difficult as it is important. …

Covert Entry In Electronic Surveillance: The Fourth Amendment Requirements , Richard H. Sternberg

Fordham Law Review

No abstract provided.