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Article: Search and seizure protections for undocumented aliens: The territoriality and voluntary presence principles in fourth amendment law
- Article from:
- American Criminal Law Review
- Article date:
- July 1, 1997
- Author:
CopyrightCopyright Georgetown University Law Center Summer 1997. Provided by ProQuest LLC. (Hide copyright information)
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James G. Connell, III* and Rene L. Valladares**
I. INTRODUCTION
"It is precisely in times like these-when the constitutional rights of individuals are most threatened-that the courts should be vigilant in protecting them."1
As the political climate across the country has t
urned increasingly hostile toward aliens,2 courts have been willing to turn a blind eye. Some courts have not only stood idle in the wake of anti-alien sentiment, but also have nurtured this attitude. Nowhere is the ebbing tide of constitutional rights accorded to aliens more noticeable than in search and seizure law.
Since 1990, federal and state courts across the country have begun questioning whether the Fourth ...