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文章基本信息

  • 标题:Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, and the Fiction of Consent
  • 本地全文:下载
  • 作者:Charles, Guy-Uriel E.
  • 期刊名称:Michigan Journal of Race and Law
  • 印刷版ISSN:1095-2721
  • 出版年度:1997
  • 卷号:2
  • 期号:2
  • 页码:461-512
  • 出版社:University of Michigan Law School
  • 摘要:The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes that would pass constitutional muster.
  • 关键词:Public housing; Accommodations; Consent; Searches; Seizures; Search warrants; Administrative searches; United States Supreme Court
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