Slobogin on Colb on the Fourth Amendment

Christopher Slobogin (Vanderbilt University - Law School) has posted New and Newer Ways of Thinking about the Fourth Amendment on SSRN. Here is the abstract:

 

This article revisits two of the late Professor Sherry Colb’s Fourth Amendment articles, Innocence, Privacy and Targeting in Fourth Amendment Jurisprudence and The Qualitative Dimensions of Fourth Amendment “Reasonableness,” both of which were published in the 1990s. It explains why the insights Professor Colb proffered in these articles still provide refreshingly innovative ways of thinking about why the Amendment protects both the innocent and the guilty, the role of the exclusionary rule, how to deal with pretextual searches and seizures, and the relationship of the Amendment to substantive criminal law. It then explores the ramifications of Professor Colb’s work for Fourth Amendment remedies, stop and frisk practices, special needs searches, the debate over whether cause requirements should be calibrated to the seriousness of the crime and other, more recent search and seizure controversies.