Abstract: Derek Alphran, Associate Professor The War on Terror is changing society’s views about the Fourth Amendment. To what extent should the American public believe that privacy should be subject to greater restrictions for the greater good? Should the Katz test be viewed differently in light of concerns about the need for surveillance in light of post 9/11 domestic terrorist threats? What is a reasonable search under the today’s changing expectation of privacy. This article addresses these questions examines how the Katz standard has changed historically and examines whether the special needs exception should be expanded to include domestic terror as an exception to the Fourth Amendment’s reasonable expectation of privacy. It examines the arguments made by the Bush Administration in defense of warrantless searches under the Katz doctrine in defense of its Terror Surveillance Program and other governmental searchers of persons on mass transportation and in public places. The article addresses the current assaults on privacy interests under the balancing approach. It calls for re-invigorating the privacy principles under the fourth amendment against unreasonable government searches.
- criminal law,
- fourth amendment,
Available at: http://works.bepress.com/derek_alphran/1/