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NCJRS Abstract

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NCJ Number: 120737 Find in a Library
Title: Return to Fourth Amendment Basics: Undoing the Mischief of Camara and Terry
Journal: Minnesota Law Review  Volume:72  Issue:3  Dated:(February 1988)  Pages:383-448
Author(s): S E Sundby
Date Published: 1988
Page Count: 64
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: The US Supreme Court has not succeeded in balancing the broad command against "unreasonable searches and seizures" and the specific rule that "no warrant shall issue, but upon probable cause."
Abstract: The decisions in Camara vs. Municipal Court and Terry vs. Ohio extended the fourth amendment's scope to include government activities, such as housing inspection, and set the stage for search without proper justification or limit. This overruled a prior decision in Frank vs. Maryland that the fourth amendment protections do not apply to housing inspections, arguing that an individual should not have to be suspected of criminal conduct in order to have fourth amendment rights. With Camara, the Court allowed reasonableness to define probable cause, and with Terry, it allowed police stop and frisks. The Court has recognized that the fourth amendment's protections are basic to a free society and realizes that it needs to implement a compelling government interest least intrusive means test. 193 footnotes.
Main Term(s): Right of privacy; US Supreme Court decisions
Index Term(s): Probable cause
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