44 Vand. L. Rev. 473 (1991)
Reworking the Warrant Requirement: Resuscitating the Fourth Amendment

handle is hein.journals/vanlr44 and id is 487 raw text is: VANDERBILT LAW REVIEW
VOLUME 44             APRIL 1991           NUMBER 3

Reworking the Warrant
Requirement: Resuscitating the
Fourth Amendment
Phyllis T. Bookspan*
I. INTRODUCTION .......................................... 474
II. THE SEARCH FOR CERTAINTY ............................ 481
A.   The Role of the Exclusionary Rule ..............  482
B.   Five-Part Disharmony .........................    488
1.   Definitional Limitations ...................  489
2.    Who Has Standing? ......................    495
3.    Habeas Corpus and the Fourth Amendment      498
4.    Exceptions to the Warrant Requirement ....  500
5.    The Reasonableness Test .................   503
a.    The Terry-Camara Legacy ...........   504
b.    The Fourth Amendment As a Due
Process  Test  .......................  508
III. THE NEED FOR A NEW STANDARD ....................... 512
A.   The Presumptively Unreasonable Standard ......    514
1.   The Core of the Fourth Amendment .......     516
2.   A Reasonable Search Is Only One Conducted
Pursuant to a Valid Warrant, Except in Cer-
tain Limited Circumstances ...............  519
B.   The Presumptively Unreasonable Test Applied ..    521
* Copyright 0 1991 by Phyllis T. Bookspan and Vanderbilt Law Review. Associate Professor
of Law, Widener University School of Law. A.B., Lehman College, City University of New York,
1976; J.D., 1983, LL.M., 1987, Georgetown University Law Center. I wish to thank Professors Es-
ther Clark, James Diehm, Barry Friedman, and Leonard Sosnov for their thoughtful comments on
an earlier draft of this Article. I also thank Jeffrey Silberman for excellent research assistance.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?