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Article: Kaupp v. Texas: breathing life into the Fourth Amendment.
- Article from:
- Journal of Criminal Law and Criminology
- Article date:
- March 22, 2004
- Author:
CopyrightCOPYRIGHT 2004 Northwestern University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
In Kaupp v. Texas, the United States Supreme Court held that the Fourth Amendment was violated when police officers, without probable cause, went to Robert Kaupp's house in the middle of the night, awakened him, handcuffed him, and brought him to the police station for questioning. (1) The Court found that a reasonable person in Kaupp's position would not have believed he was free to leave, or otherwise terminate the police encounter. (2) Thus, based on the record before the Court, the Court would have suppressed a confession made as a result of this illegal seizure, thereby reaffirming Fourth Amendment jurisprudence protecting citizens from ...