The Fourth Amendment: History, Purpose, and Remedies

Abstract

In this article, Professor Loewy introduces the Fourth Amendment topics debated in the 2010 Texas Tech Criminal Law Symposium. Part I of this article begins with a critical overview of the Supreme Court’s use of history in resolving Fourth Amendment questions. Part II analyzes the values that the Fourth Amendment protects, emphasizing the concept of “reasonableness.” Part III evaluates the use of the exclusionary rule to enforce Fourth Amendment values. Professor Loewy concludes by recognizing his article’s overall unfavorable appraisal of the Supreme Court and inviting the symposium’s other speakers to share their opinions.

Keywords: Fourth Amendment, Criminal Law, Reasonableness, Exclusionary Rule, Use of History, Supreme Court

JEL Classification: K14, K42