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Article: What is a search? Two conceptual flaws in Fourth Amendment doctrine and some hints of a remedy.
- Article from:
- Yakima Herald-Republic
- Article date:
- October 1, 2002
- Author:
CopyrightCOPYRIGHT 2002 Stanford Law School. 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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INTRODUCTION
I. THE BASICALLY SOUND CONCEPT OF "KNOWING EXPOSURE"
II. MOVE ONE: EQUATING RISK AND INVITATION
A.Trash
B."Open Fields"
C.Flight
D.Tracking Devices
E.Electronic Eyes and Privacy in Public
F.Pretend Friends
III. "KNOWING EXPOSURE" AND CONSENT
A.Strick Liability Crime
B."Knowing Exposure" and Strict Liability Crime
C."Knowing Exposure" and Consent
D.Pretend Friends and the Breakdown of the Consent/Knowing
Exposure Distinction
IV. MOVE TWO: EQUATING SMALL AND LARGE INTRUSIONS
A.Garbage
B.Telephone and Bank Records
INTRODUCTION
The Fourth Amendment ...