NCJ Number
82609
Journal
American Criminal Law Review Volume: 19 Issue: 3 Dated: (Winter 1982) Pages: 603-650
Date Published
1982
Length
48 pages
Annotation
As a result of the Supreme Court's failure to fully articulate a justification for excusing the fourth amendment warrant requirement, the law concerning the warrant requirement remains in a state of extreme confusion. Professor Grano examines this persistent confusion, most notable in the automobile and container cases.
Abstract
He suggests an approach to add clarity to this area of fourth amendment law. He concludes that the impracticality of obtaining a warrant should be the only justification for excusing warrantless searches. Absent exigent circumstances -- the only rationale that gives appropriate respect to the fourth amendment -- a warrant should always be required to search both an automobile and its containers. (Publisher abstract)