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Article: Fourth Amendment privacy interests.
- Article from:
- Journal of Criminal Law and Criminology
- Article date:
- September 22, 2001
- Author:
CopyrightCOPYRIGHT 2001 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
Is it possible to incorporate a serious concern for privacy into Fourth Amendment (1) jurisprudence? Even before the terrorist attacks on America, the question was a pertinent one; in the aftermath, it has become even more so. Fourth Amendment case law is of course grounded in an explicit concern for reasonable expectations of privacy. (2) But given a long line of decisions rendered prior to the attacks, one could hardly say that the Supreme Court has shown a serious concern for privacy. The Court, for example, has held that individuals do not have any Fourth Amendment privacy interests in their bank records, (3) in the phone numbers they dial, ...