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Can The American People, Through Their Legislature, Determine What Remedy Should Be Available For Fourth Amendment Violations?, Kevin R. Pettrey

Kevin R Pettrey

The United States Supreme Court, in Hudson and Herring, has opened the door to possible alternative Fourth Amendment remedies. Due to these recent cases, Congress and the states may have room to maneuver legislatively to create a remedy of another kind. This article proposes a statute to serve as an alternative remedy and supports the statute's constitutionality through a careful analysis of Supreme Court jurisprudence on the Fourth Amendment and related topics.