Zealous Officers and Neutral Magistrates: The Rhetoric of the Fourth Amendment

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Authors

Steinberg, David E.

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2010

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43

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Journal Article

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INTRODUCTION|Words matter. Language influences how we view legal issues. Through word choices, courts attempt to shape our approaches to legal problems.|With respect to the Fourth Amendment, language certainly matters. Fourth Amendment doctrine repeatedly suggests that police officers are not trustworthy and are likely to abuse their discretion. As a result, courts must intervene to protect citizens from law enforcement. To make this distinction between courts and law enforcement, judges describe law enforcement as "zealous officers" and describe courts as "neutral magistrates."...

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43 Creighton L. Rev. 1019 (2009-2010)

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Creighton University School of Law

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