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Article: Criminal Law - Fourth Amendment - Ninth Circuit holds that search of pretrial releasee is unconstitutional despite releasee's consent. (Case note)
- Article from:
- Harvard Law Review
- Article date:
- March 1, 2006
CopyrightCOPYRIGHT 2006 Harvard Law Review Association. 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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CRIMINAL LAW--FOURTH AMENDMENT--NINTH CIRCUIT HOLDS THAT SEARCH OF PRETRIAL RELEASEE IS UN-CONSTITUTIONAL DESPITE RELEASEE'S CONSENT.--United States v. Scott, 424 F.3d 888 (9th Cir. 2005).
The Fourth Amendment, as a vital check on the federal government and states, should not be subject to unilateral repeal by the authorities it purports to limit. (1) While this principle commands near universal agreement, disputes over its application arise when the government seeks to diminish or evade Fourth Amendment strictures by coercing or inducing consent. (2) Yet as the Supreme Court famously admonished in Boyd v. United States, (3) "illegitimate and unconstitutional ...