Fourth Amendment First Principles

Fourth Amendment First Principles

Terry and Fourth Amendment First Principles

The Limits of Fourth Amendment Injunctions

INTRODUCTION................................................................................... 127 I. THE LAW AND PRACTICE OF FOURTH AMENDMENT INJUNCTIONS ............................................................................ 129 II. THE DIFFICULTY WITH BROAD FOURTH AMENDMENT INJUNCTIONS ............................................................................ 133 CONCLUSION.............

The Fourth Amendment Third-Party Doctrine

In the 1970s, the Supreme Court handed down Smith v. Maryland and United States v. Miller, two of the most important Fourth Amendment decisions of the 20 th century. In these cases, the Court held that people are not entitled to an expectation of privacy in information they voluntarily provide to third parties. This legal proposition, known as the third-party doctrine, permits the government ac...

Recuperating First Amendment Doctrine