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FORMALISM, LEGAL REALISM, AND CONSTITUTIONALLY PROTECTED PRIVACY UNDER THE FOURTH AND FIFTH AMENDMENTS

NCJ Number
40481
Journal
Harvard Law Review Volume: 90 Issue: 5 Dated: (MARCH 1977) Pages: 945-991
Author(s)
ANON
Date Published
1977
Length
47 pages
Annotation
A CRITIQUE OF THE SHIFTING VIEWS ON INDIVIDUAL RIGHTS BY THE SUPREME COURT AND THEIR IMPACT ON FOURTH AND FIFTH AMENDMENT JURISPRUDENCE.
Abstract
THE REVIEWER CONCLUDES AFTER EXAMINING THE COURT'S VIEW ON INDIVIDUAL RIGHTS THAT CURRENT PROTECTION OF PRIVACY RIGHTS IS INADEQUATE. ALTERNATIVE CONSTRUCTIONS OF THE FOURTH AND FIFTH AMENDMENTS, AND AN ILLUSTRATIVE PROPOSAL LIMITING THE AVAILABILITY OF LEGAL PROCESS TO OBTAIN A SUSPECT'S PRIVATE COMMUNICATIONS ARE GIVEN. (AUTHOR ABSTRACT MODIFIED)...TWH