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New law reveiw article on privacy under the Warren Court

By John Wesley Hall, Jr.

Forget Privacy: The Warren Court’s Regulatory Revolution in Criminal Procedure by Eric J. Miller of the St. Louis University School of Law. Abstract: The standard story describing the Warren Court’s criminal procedure “rights revolution,” claims that the Court, motivated by liberal egalitarianism, engaged in a rights-expanding jurisprudence that made it harder for the police to search, seize, and interrogate criminal defendants. Frightened by the popular backlash against high crime rates, a cowed Court in Terry v. Ohio shifted from its rights-expanding to a rights-constricting phase, making it easier for the police to search and seize criminal suspects. Measured by this rights revolution, there were in fact two Warren Courts, a liberal and a more conservative one, emblematically separated by Terry...continue to full post

Full post as published by Fourth Amendment on March 27, 2010 (boomark / email).