In Search of A Fourth Amendment for the Twenty First Century
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.
Place of Original Publication
Indiana Law Journal
65 Indiana Law Journal 549 (1990)
Katz, Lewis R., "In Search of A Fourth Amendment for the Twenty First Century" (1990). Faculty Publications. 701.
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