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New law review article: "Crime Severity Distinctions and the Fourth Amendment: Reassessing Reasonableness in a Changing World"

By John Wesley Hall, Jr.

Crime Severity Distinctions and the Fourth Amendment: Reassessing Reasonableness in a Changing World by Jeffrey Bellin of SMU Dedman School of Law on SSRN. The Abstract: A growing body of commentary calls for the Supreme Court to recalibrate its Fourth Amendment jurisprudence in response to technological and social changes that threaten the traditional balance between public safety and personal liberty. This Article joins the discussion, while highlighting a largely overlooked consideration that should be included in any modernization of Fourth Amendment doctrine – crime severity. Nearly everyone agrees that, as an intuitive matter, the “reasonableness” of a search or seizure depends to some degree on the seriousness of the crime being investigated...continue to full post

Full post as published by Fourth Amendment on October 22, 2010 (boomark / email).