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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