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Article: The fourth amendment in the hallway: do tenants have a constitutionally protected privacy interest in the locked common areas of their apartment buildings? (Note).
- Article from:
- Michigan Law Review
- Article date:
- October 1, 2002
- Author:
CopyrightCOPYRIGHT 2002 Michigan 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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INTRODUCTION
I. EXAMINING CIRCUIT CASE LAW
A. The Sixth Circuit Provides a Sound Starting Point
B. The Majority Approach Is Unpersuasive and Should
Be Rejected
1. The Second Circuit
2. The Seventh Circuit
3. The Eighth Circuit
4. The Ninth Circuit
II. BROADLY INTERPRETING THE FOURTH AMENDMENT IS
CONSISTENT WITH SUPREME COURT PRECEDENT
A. McDonald v. United States Should Govern the
Current Controversy
B. The Supreme Court's Commitment to Protecting
Privacy Near the Home
III. A BROAD INTERPRETATION OF THE FOURTH
AMENDMENT IS MOST CONSISTENT WITH THE
...