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The Search and Seizure Law of State Constitutions
Brennan Center State Court Report
(2024)
Abstract
When law students learn the substantive criminal law, which typically takes place within the 1L year, they sometimes become distressed at having to learn multiple rules for most everything. But that is simply a blessing of federalism — when you have 52 criminal jurisdictions (50 states, the federal government, and the District of Columbia), variation is only natural, and so we must study at least a small slice of that variation to understand anything meaningful about American criminal law. Yet when those students reach a criminal procedure course concerning the constitutional regulation of policing, they are delighted to learn a single (albeit complicated) set of rules: those articulated by the U.S. Supreme Court interpreting the federal Constitution’s Fourth, Fifth, and Sixth Amendments. Unfortunately, something critical is missing, as we can see by looking to the structure of our American founding. ...
Keywords
- fourth amendment,
- search,
- seizure,
- state constitutions,
- criminal procedure,
- federalism
Disciplines
Publication Date
May 23, 2024
Citation Information
Stephen E Henderson. "The Search and Seizure Law of State Constitutions" Brennan Center State Court Report (2024) Available at: http://works.bepress.com/stephen_henderson/83/