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Article: Criminal law - Fourth Amendment - Ninth Circuit considers community's racial tension with police in finding illegal seizure and lack of voluntary consent. (Case note)
- Article from:
- Harvard Law Review
- Article date:
- April 1, 2008
CopyrightCOPYRIGHT 2008 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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The traditional story of Fourth Amendment search and seizure doctrine involves a complex compromise between public safety and the constitutional right to personal liberty. (1) Although the choice of viewpoint is often left out of the story, much also depends on whose perspective--police officers' or civilians'--a judge employs for search and seizure determinations. (2) The chosen perspective circumscribes the types of facts that a judge considers in these evaluations. (3) Recently, in United States v. Washington, (4) the Ninth Circuit held that the district court should have suppressed evidence obtained through a vehicle search because the consent was not voluntary, or, ...