Fourth Amendment Recent Case

United States v. Johnson

Vol. 139 No. 5 Drug detection dogs are critical tools in the fight against drug trafficking. However, law enforcement canines are imperfect: They sometimes incorrectly alert when performing...
Fourth Amendment Book Review

Fourth Amendment Equilibrium Adjustment in an Age of Technological Upheaval

Vol. 139 No. 4 The Digital Fourth Amendment is written by Professor Orin Kerr, one of the country’s foremost authorities on the Fourth Amendment, electronic privacy, and criminal procedure. Kerr’s work has been deeply influential in shaping how courts are looking at and deciding issues raised by law enforcement’s powerful and novel capabilities, thanks to technological changes.
Criminal Procedure Articles

Unwarranted Warrants? An Empirical Analysis of Judicial Review in Search and Seizure

Vol. 138 No. 8 Every year, police perform searches governed by the Fourth Amendment on hundreds of thousands of individuals and their property throughout the United States. Many of the academy’s most decorated scholars have focused on the genesis and jurisprudential nature of the Fourth Amendment’s warrant requirement. Surprisingly, we know almost nothing about how the Fourth Amendment regulates searches and how searches actually work in practice.In this Article, we pull back the curtain on the search and seizure process by presenting the largest quantitative study of warrants of any kind.