Automobile Searches and Diminished Expectations in the Warrant Clause
In this article, Professor Katz analyzes the fourth amendment issues facing the Supreme Court this term in United States v. Ross. Professor Katz contends that, while claiming to adhere to established fourth amendment principles, the Court has applied exceptions to the warrant requirement to facts which do not fall within the narrow circumstances justifying those exceptions. The article explores the "bright-line" rule for the automobile search exception enunciated last term in Robbins v. California, and the mechanical test for searches incident to arrests set out in its companion case, New York v. Belton. Professor Katz concludes by analyzing the Justices' shifting positions to the warrantless search of containers found in automobiles- the issue before the Court again in Ross.
Place of Original Publication
American Criminal Law Review
19 American Criminal Law Review 557 (1982)
Katz, Lewis R., "Automobile Searches and Diminished Expectations in the Warrant Clause" (1982). Faculty Publications. 700.