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68 S. Cal. L. Rev. 1 (1994-1995)
When the Cure for the Fourth Amendment is Worse than the Disease

handle is hein.journals/scal68 and id is 15 raw text is: ARTICLES WHEN THE CURE FOR THE FOURTH AMENDMENT IS WORSE THAN THE DISEASE TRACEY MACLIN* The poorest man may, in his cottage, bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England may not enter; all his force dares not cross the threshold of the ruined tenement. William Pitt the Elder Most people don't even realize that the same search warrant requirements that protect a man's castle also bar the police from searching the pockets of the seamy-looking character suspected of selling marijuana to the man's school-age children. Fred P. Graham, The Self-Inflicted Wound I. INTRODUCTION Professor Akhil Reed Amar has written a provocative article on the Fourth Amendment.' Professor Amar claims to be a friend of the Amendment, which may explain why his article is one of the few arti- cles on the Fourth Amendment to appear in the Harvard Law Review since 1921.2 The Fourth Amendment guarantees our right to be free * Professor of Law, Boston University. I owe special thanks to Yale Kamisar who pro- vided valuable comments and insights on this Article. I also want to thank Stan Krauss and Karen Scent who read a draft of this Article during its preparation. 1. Akhil Reed Amar, Fourth Amendment First Principles, 107 HARV. L. Rnv. 757 (1994). 2. See Walter E. Dellinger, Of Rights and Remedies: The Constitution As a Sword, 85 HARV. L. REv. 1532 (1972); Osmond K. Fraenkel, Concerning Searches and Seizures, 34 HARV. L. REv. 361 (1921); Jerome Hall, Legal and Social Aspects of Arrest Without a Warrant, 49

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