The Death of the Fourth Amendment Under the Rehnquist Court: Where is Original Intent When we Need it?

Abstract

ABSTRACT The U.S. Supreme Court has significantly modified the meaning of the Fourth Amendment over the past two decades. Numerous police practices that very often have developed as part of the “war-on-drugs” have been ruled to be acceptable. The framers of the Fourth Amendment required a showing of “probable cause” before a search or seizure could be undertaken by police. While it is true that some exceptions to the requirement of “probable cause” had been allowed by the Supreme Court prior to Burger's appointment as Chief Justice, these exceptions were very carefully limited and supported by specific public policy rationales. The Court under Burger and Rehnquist have added so many exceptions to the requirement of probable cause that there are few restrictions on police searches and seizures under the present interpretation of the Fourth Amendment. This paper will argue that the “war-on-drugs” is far more likely to destroy the Fourth Amendment than it is to destroy the drug problem and Congress or State ...