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Univ. of San Diego School of Law

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Tuesday, September 8, 2009

Johnston on Drugs, Dogs, and the Fourth Amendment

James B. Johnston  (Seton Hall University - School of Law) has posted Drugs, Dogs, and the Fourth Amendment: An Analysis of Justice Stevens' Opinion in Illinois V. Caballes on SSRN. Here is the abstract:

When a drug dealer delivers illegal narcotics to the American market place, he frequently uses our nation's roadways. In an opinion authored by Justice John Paul Stevens and captioned Illinois v. Caballes, the U.S. Supreme Court held that a drug dealer does not have a reasonable expectation of privacy in delivering illegal drugs that is detected by a drug sniffing dog from the drug dealer's car. The article argues that we as a society have a right and an obligation to protect ourselves from drug abuse and drug traffickers. Justice Stevens' opinion provides a brilliant examination of judiciap precedent coupled with common sense. Caballes provides a balanced approach by providing law enforcement with a case that allows our police and prosecutors to fairly and effectively bring drug traffickers to justice

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