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New law reveiw article: "Public Interest(s) and Fourth Amendment Enforcement"

By John Wesley Hall, Jr.

Public Interest(s) and Fourth Amendment Enforcement by Alex Reinert of Benjamin N. Cardozo School of Law, Yeshiva University, to be published in University of Illinois Law Review. Abstract: Fourth Amendment events – the recent arrest of Harvard professor Henry Louis Gates, Jr. is one of many examples–-generate substantial controversy among the public and in the legal community. Yet there is orthodoxy to Fourth Amendment thinking, reflected in the near universal assumption by courts and commentators alike that the Amendment creates only tension between privately-held individual liberties and public-regarding interests in law enforcement and security. On this account, courts are faced with a clear choice when mediating Fourth Amendment conflicts: side with the individual by declaring a particular intrusion to be in violation of the Constitution or side with the public by permitting the intrusion...continue to full post

Full post as published by Fourth Amendment on February 06, 2010 (boomark / email).