In Search of A Fourth Amendment for the Twenty First Century
Abstract
This Article reviews the privacy test and its crucial role in determining the scope of fourth amendment protection. After surveying the erosion of the Katz standard, this Article argues that we should return to the privacy test intended by Stewart and Harlan and to the underlying values that motivated it. Rather than exclude vast areas of modern American life from the scope of the amendment's protection, the Court should assume that the fourth amendment applies to police activity unless the conduct falls within the few exceptions Stewarts and Harlan suggested.
Keywords
Surveillance
Publication Date
1990
Document Type
Article
Place of Original Publication
Indiana Law Journal
Publication Information
65 Indiana Law Journal 549 (1990)
Repository Citation
Katz, Lewis R., "In Search of A Fourth Amendment for the Twenty First Century" (1990). Faculty Publications. 701.
https://scholarlycommons.law.case.edu/faculty_publications/701
