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New law review article: "Fourth Amendment Federalism and the Silencing of the American Poor"

By John Wesley Hall, Jr.

Fourth Amendment Federalism and the Silencing of the American Poor by Andrew E. Taslitz of Howard University School of Law, to be published in Chicago-Kent Law Review. Abstract: In a recent case, Virginia v. Moore, the United States Supreme Court held that it was irrelevant under the Fourth Amendment that police made in arrest contrary to a state statute prohibiting arrest for certain minor violations. In doing so, the Court declared that the Fourth Amendment may not vary from "place to place." This paper takes issue with that statement, both as being descriptively incorrect given contrary precedent and as being unwise constitutional policy. Specifically, the paper argues that poor, urban, racial minorities are ill-represented on matters of state criminal justice policy and lawmaking, though they receive better represetation of their views at the local level...continue to full post

Full post as published by Fourth Amendment on February 11, 2010 (boomark / email).