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New law review articles: Texas Tech Law Review

By John Wesley Hall, Jr.

Can You Handle the Truth? The Framers Preserved Common-Law Arrest and Search Rules in 'Due Process of Law'--'Fourth Amendment Reasonableness' is Only a Modern, Destructive, Judicial Myth by Thomas Y. Davies, 43 Texas Tech L. Rev. 51 (2010). Abstract: The conventional academic account of Fourth Amendment (or search and seizure) history has been shaped by uncritcal acceptance of claims in Supreme Court opinions that the reference to "unreasonable searches and seizures" in that text was intended to created a broad "reasonableness" standard for assessing all government arrests and searches, whether made with or without warrant. This article marshals salient evidence from the author’s more detailed prior articles to demonstrate that this claim is merely a prochronistic myth that grossly understates the criminal procedure standards the American Framers thought they had preserved...continue to full post

Full post as published by Fourth Amendment on March 03, 2011 (boomark / email).