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NCJ Number: 97410 Find in a Library
Title: When Is a Search Not a 'Search?' Fourth Amendment Doublethink
Journal: University of Toledo Law Review  Volume:15  Issue:2  Dated:(Winter 1984)  Pages:515-559
Author(s): J Burkoff
Date Published: 1984
Page Count: 45
Format: Article
Language: English
Country: United States of America
Annotation: Law enforcement investigative activity which is not judicially deemed to constitute a 'search' or 'seizure' is unfettered by fourth amendment constraints.
Abstract: Professor Burkoff argues that the Burger Court has in the recent past definitionally excluded some law enforcement activity which should clearly have been included within the Court's own guidelines and precedent for determination of what activity constitutes a fourth amendment 'search.' Such exclusion, he argues further, reflects a partly conscious, partly unconscious tendency on the part of a majority of the justices to favor short-term crime control objectives at the expense of consistent application of accepted fourth amendment doctrine. This sort of decisionmaking, Professor Burkoff concludes, is both unwise and unprincipled. Ultimately, the case law which is its product may serve to jeopardize the Supreme Court's necessary role as a check against Orwellian abuses of individual privacy by the State. (Author abstract)
Main Term(s): Investigative powers
Index Term(s): Police casework; Right of privacy; Search and seizure; US Supreme Court decisions
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