The Supreme Court’s Fourth Amendment Scorecard
The author of the journal article The Supreme Court’s Fourth Amendment Scorecard, Brent Evan Newton, is a legal scholar and former US sentencing omission deputy staff director. Newton approaches the issue of the Fourth Amendment from the perspective of court proceedings and sentencing. The article offers various practical analyses of 173 cases, which occurred in the Supreme Court between 1982 and 2015, in which the Fourth Amendment was applied. These analyses present the variations in the voting patterns among justices based on the nature of the cases concerning the litigations of the Fourth Amendment. The key findings include: (1) the vast majority of Fourth Amendment litigants (FALs) were criminal defenders, rather than plaintiffs of civil rights; (2) the Court overturned the verdict of the lower courts in most of the Fourth Amendment cases; (3) FALs were more successful in cases related to substantive issues; (4) civil rights plaintiffs were most successful; and (5) the Court has awarded more government certiorari petitions than those of FALs.
Key Concepts and Terms
One of the most important concepts in this reading is “unreasonable searches and seizures of People and Property.” In this case, the judgment of whether searches and seizures are unreasonable to depend on factors such as whether or not it was undertaken after obtaining a warrant and whether a governmental interest justified it. The other key term is “warrants.” It is used in this reading to refer to an order that acts as an authorization, that is, a writ issued by a judge or magistrate, which permits the search and seizure of property or persons.
Quotations
“The mere fact that a search or seizure occurs without a warrant issued by a judge does not make it unreasonable” (p. 10).
This quote is used to stress on what is classified as reasonable or unreasonable. Most people believe that if a search or seizure occurs without the providence of a warrant, it is unreasonable. However, this statement seeks to prove otherwise.
“Although the Fourth Amendment protects both privacy interests and property interests, the amendment’s degree of protection of privacy and property is somewhat limited” (p. 9)
This quote stresses that it may be difficult for the Fourth Amendment to protect an individual’s privacy fully. The amendment prohibits some and not all forms of physical trespasses by law enforcement officers.
“In a criminal prosecution of a person whose Fourth Amendment rights were violated, the normal remedy is to prevent introduction of evidence unconstitutionally searched or seized at the criminal trial” (p. 11).
This quote means that even though law enforcement officers may violate one’s rights, the events that led to their arrest may not be factored in the final verdict.
Synthesis
The concepts discussed in this paper can be linked to those discussed in Tracey Maclin’s The Central Meaning of the Fourth Amendment. Both articles analyze the quality of a search and seizure being reasonable or unreasonable, whereby Maclin states that the reasonability of a search and seizure is determined by the balance between an individual’s interest in privacy and the government’s interest in effectively enforcing the law.
Overall Evaluation of the Source
The strength of this source is based on the fact that it is written by a credible author, who is a professor of law and has worked in the United States Sentencing Commission as a deputy staff director. Additionally, the author refers to many Supreme Court cases, which can be verified by looking at the Supreme Court database. These cases can be used to inform further studies.
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