This Article is about the misunderstood relationship between the Fourth Amendment and the positive law. It shows how state property law and other expressions of the positive law are more resilient and useful to Fourth Amendment analysis than the Court's decisions of the past three decades recognize.
Search, Seizure and the Positive Law: Expectations of Privacy Outside the Fourth AmendmentFaculty Scholarship
Citation Information84 JOURNAL OF CRIM. LAW & CRIMINOLOGY 249 (1993)