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97 Iowa L. Rev. Bull. 1 (2012-2013)

handle is hein.journals/iowalrb3 and id is 1 raw text is: Why Crime Severity Analysis is Not Reasonable A Comment on Jeffrey Bellin, Crime-Severity Distinctions and the Fourth Amendment: Reassessing Reasonableness in a Changing World Christopher Slobogin* INTRODUCTION ......................................................... THE ADMINISTRABILITY PROBLEM .......................................... 2 THE NORMATIVE ARGUMENT AGAINST A CRIME SEVERITY COMPONENT .............. 4 THE SPECIAL NEEDS EXCEPTION AND CRIME SEVERITY. ........................ 8 TECHNOLOGY AND CRIME SEVERITY MODULATION .......................... 10 A BETTER APPROACH..................................................... 1 THE DANGER EXCEPTION ................................................ 14 CONCLUSION ...........................................................15 INTRODUCTION Jeffrey Bellin's article, Crime Severity Distinctions and the Fourth Amendment: Reassessing Reasonableness in a Changing World, argues that the severity of the crime under investigation ought to be taken into account in assessing both the reasonableness of searches and whether a government action is a search in the first place., In pursuit of this objective, his article provides the best attempt to date at dealing with the difficult issue of separating serious from not-so serious crimes (he ends up with three * Milton Underwood Professor of Law, Vanderbilt University Law School. 1. Jeffrey Bellin, Crime-Seveily Disinctions and the Fouth Amendment: Reassessing Reasonableness in a Changing World, 97 IOWA L. REV. 1 (01 1). 1

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