About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

11 Crim. Just. J. 293 (1988-1989)
The Decline of Fourth Amendment Jurisprudence

handle is hein.journals/tjeflr11 and id is 299 raw text is: THE DECLINE OF FOURTH AMENDMENT
JURISPRUDENCE
by Matthew Lippman *
In its petition to King George III, dated October 26, 1774, the
American Continental Congress protested colonial officials' unbri-
dled power of search and seizure which the Congress charged had
been used to break open and enter houses, without the authority of
a civil magistrate, founded on legal information.' This contro-
versy between British customhouse officers and American colonists
was one in a series of disagreements which precipitated the Ameri-
can revolution.2 The importance which the colonists attached to
freedom from search and seizure is attested to by the number of
early state constitutions which limited the search and seizure
power,3 and by the fourth amendment's prohibition against unrea-
sonable searches and seizures and the probable cause warrant
requirement.4
This essay argues that the fourth amendment is being inter-
preted so as to have little practical significance in protecting the
rights of Americans and has been reduced to a mere symbol of per-
sonal freedom. Initially, the evolution from a property-based to a
privacy-based fourth amendment jurisprudence is sketched; the ap-
plication  of probable    cause  privacy   analysis to   dwellings,
automobiles and luggage then is outlined; and the exceptions to the
probable cause and warrant requirements are briefly discussed.
Some of the procedural limitations on fourth amendment protec-
tions are surveyed. In conclusion, the current state of fourth
amendment doctrine is evaluated.5
* Associate Professor of Criminal Justice, University of Illinois at Chicago; Ph.D.
Northwestern; J.D. American; LL.M. Harvard.
1. N. B. LASSON, THE HISTORY AND DEVELOPMENT OF THE FOURTH AMEND-
MENT TO THE UNITED STATES CONSTITUTION 75 (1937).
2. Id. at 51.
3. Id. at 79-82.
4. The fourth amendment to the United States Constitution provides that:
The right of the people to be secure in their persons, houses, papers and ef-
fects, against unreasonable searches and seizures, shall not be violated, and no
Warrants shall issue, but upon probable cause, supported by oath or affirma-
tion, and particularly describing the place to be searched, and the persons or
things to be seized. Id.
5. This article will not discuss the exclusionary rule in depth since it has been the

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 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

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most