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Criminal Law

: Grits for Breakfast

SCOTUS Fourth Amendment interpretations ignore history, reasonableness, to undermine rights

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Recently I quipped that I considered celebration of the Fourth Amendment "rather like wearing a Kurt Cobain t-shirt, commemorating something that's dead and anachronistic, however laudable or memorable for those of a certain age who could still recall when it was relevant." Clearly I'm not the only one who thinks the bar on unreasonable searches and seizures been inappropriately and unnecessarily downgraded.Via CrimProf Blog, I discover that Prof. Arnold Loewy of Texas Tech has published this essay on the Supreme Court's failure to accurately interpret history when applying the Fourth Amendment prohibition on unreasonable arrests, searches and seizures without a warrant - particularly the historical context within which the Founding Fathers first articulated the principle...continue to full post

Full post as published by Grits for Breakfast on September 24, 2010 (boomark / email).

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