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44 San Diego L. Rev. 501 (2007)
Privacy as Struggle

handle is hein.journals/sanlr44 and id is 507 raw text is: Privacy as Struggle ANDREW E. TASLITZ* TABLE OF CONTENTS I. IN TRO D U CTIO N .................................................................................................. 50 1 11. V FO R V EN DETTA .............................................................................................. 505 III. C O N CLU SION ..................................................................................................... 5 14 I. INTRODUCTION The topic of this forum is underappreciated criminal procedure cases. Given that topic, I have made an odd choice: Hoffa v. United States.' Hoffa is an odd choice because it receives ample attention from courts, scholars, and students, having a prominent place in criminal procedure casebooks.2 Further, it is highlighted as a pivotal case in the historical development of Fourth Amendment doctrine in the recent well-known collection of essays on leading criminal procedure cases entitled Criminal Procedure Stories.3 Hoffa is an even odder choice because my fascination with it stems from one of the two reasons it is so famous-its seedling role in the growth of the assumption of the risk doctrine as the primary basis for drastically limiting the scope of Fourth * Professor of Law, Howard University School of Law; J.D. 1981, University of Pennsylvania. 1. 385 U.S. 293 (1966). 2. See, e.g., CHRISTOPHER SLOBOGIN, CRIMINAL PROCEDURE: REGULATION OF POLICE INVESTIGATION: LEGAL, HISTORICAL, EMPIRICAL, AND COMPARATIVE MATERIALS 205 (3d ed. 2002). 3. Tracey Maclin, Hoffa v. United States: Secret Agents in Private Spaces, in CRIMINAL PROCEDURE STORIES 181, 181-222 (Carol S. Steiker ed., 2006).

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