Suggested Method of Fourth Amendment Analysis after Payton v. New York, A
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Authors
McGivern, Thomas M.
Issue Date
1981
Volume
14
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Fourth amendment adjudication has been said to range from the mundane to the sublime, yet seems in all cases to produce modes of fourth amendment analysis that are at best confusing. Perhaps this is a product of the wording of the amendment itself. The design of its broad phrases may have been to give it immortality, a single characteristic of good documents of this sort, to deal with situations not envisioned by the Founding Fathers. However, this is hardly justification for the almost complete lack of coherence it has produced among the decisions in this area. In the past term, the Supreme Court dealt with the important fourth amendment issue of whether and under what circumstances an officer may enter a suspect's home to make a warrantless arrest. The issue arose in an appeal challenging the constitutionality of two New York statutes which permitted the warrantless, nonexigent arrest of an individual in his home where police had "reasonable cause" to believe that the individual had committed a felony, and permitted the non-consensual entry into ...
Description
Citation
14 Creighton L. Rev. 907 (1980-1981)
Publisher
Creighton University School of Law