The Constitutional Theory of the Fourth Amendment

Authors

Gerard V. Bradley, Notre Dame Law SchoolFollow

Document Type

Article

Publication Date

1989

Publication Information

38 DePaul L. Rev. 817 (1988-1989)

Abstract

This Article will, in large part, present its thesis regarding fourth amendment doctrine by employing, as an illustration, a recent application of the current approach by the Seventh Circuit Court of Appeals. In United States v. Torres, the Seventh Circuit held video surveillance constitutional and further found that the judiciary had the authority to issue warrants for such a technique. Although welcomed by prosecutors and law enforcement officials, this decision highlights the absurdity of the current interpretation of the reasonableness clause. Moreover, Torres provides a vehicle through which this Article's historical interpretation can be brought into focus under the cold light of modern reality.

Comments

Reprinted with permission of DePaul Law Review.

Recommended Citation

Gerard V. Bradley, The Constitutional Theory of the Fourth Amendment, 38 DePaul L. Rev. 817 (1988-1989).
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/773