University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "Future of the Fourth Amendment: The Problem with Privacy, Poverty and Policing"
Date 2014
Author Kami Chavis Simmons
Author Institution Wake Forest University School of Law
Author Role Faculty
External Link
Abstract For decades, the reasonable expectation of privacy has been the
primary standard by which courts have determined whether a “search”
has occurred within the meaning of the Fourth Amendment. The
Supreme Court’s recent decision in U.S. v. Jones, however, has
reinvigorated the physical trespass doctrine’s importance when
determining whether there has been a “search” triggering
constitutional protection. Recognizing the unpredictability of the
reasonable expectation of privacy doctrine and that doctrine’s bias
against the urban poor, many scholars hope that the Jones opinion may
ameliorate the class divide that has developed in Fourth Amendment
This Article argues that while Jones has reiterated that a physical trespass may trigger Fourth Amendment protection, this holding alone will not result in any appreciable strengthening of the privacy rights of the urban poor. The manner in which urban, innercity communities are over-policed and the aggressive law enforcement strategies employed in these areas, along with the current constitutional regime that has allowed these practices to flourish, are primarily responsible for the privacy inequities.
Source U. Md. L.J. Race, Religion, Gender & Class
Citation 14 U. Md. L.J. Race, Religion, Gender & Class 240-272

This Resource Relates To
case DOJ Investigation of the Buffalo Police Department (PN-NY-0004)

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