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Anticipatory Search Warrants: The Supreme Court's Opportunity To Reexamine The Framework Of The Fourth Amendment, David P. Mitchell
Anticipatory Search Warrants: The Supreme Court's Opportunity To Reexamine The Framework Of The Fourth Amendment, David P. Mitchell
Vanderbilt Law Review
The Fourth Amendment to the United States Constitution prohibits "unreasonable searches and seizures," and provides that "no War-rants shall issue, but upon probable cause."' Although its language is relatively clear, the application of the Fourth Amendment has created more controversy than the application of perhaps any other constitutional amendment.' Given the questions raised by a police-endorsed practice of anticipatory search warrants,' the search and seizure debate is far from over.
An anticipatory search warrant is a warrant based on a showing of probable cause that particular evidence of a crime will exist at a specific location in the future. Challenges …
Reworking The Warrant Requirement: Resuscitating The Fourth Amendment, Phyllis T. Bookspan
Reworking The Warrant Requirement: Resuscitating The Fourth Amendment, Phyllis T. Bookspan
Vanderbilt Law Review
Ninety-three years ago, in response to a newspaper account, Mark Twain wrote: "The reports of my death are greatly exaggerated." While it may be premature to sound the death knell for the fourth amendment, it is no exaggeration to suggest that unless drastic action is taken to remedy the destructive erosion of the fourth amendment, it may as well be buried.
Current search and seizure doctrine is inconsistent and incoherent.' No one, including the police who are to abide by it, judges who apply it, or the people who are protected by it, has any meaningful sense of what the …