Title

a7 - An Ode to Probable Cause: A Brief Response to Professors Amar and Slobogin

Authors

Scott E. Sundby

Document Type

Article

Publication Date

1998

Abstract

"My limited goal today is to suggest that if one looks at the Fourth Amendment's underlying values, in particular the value of mutual “government-citizen trust,” probably case should be viewed as a norm for a “reasonable” search or seizure. Consequently, any departures from probable cause should be deemed “reasonable” only as limited exceptions allowed under narrow circumstances. While there are other norms that should be included in defining “reasonableness,” I focus on probable cause because it has become the factor most at risk from the rush to reasonableness and from the government’s use of advances in technology and surveillance." -- p. 1135

Volume

72

Issue

3