FORMALISM, LEGAL REALISM, AND CONSTITUTIONALLY PROTECTED PRIVACY UNDER THE FOURTH AND FIFTH AMENDMENTS

• NCJ Number: 40481
• Journal: Harvard Law Review Volume: 90 Issue: 5 Dated: (MARCH 1977) Pages: 945-991
• Author(s): ANON
• Date Published: 1977
• Length: 47 pages
• Corporate Author: Harvard Law Review Assoc
• Publication Format: Article
• Publication Type: Statistics
• Language: English
• Country: United States of America

Annotation

A CRITIQUE OF THE SHIFTING VIEWS ON INDIVIDUAL RIGHTS BY THE SUPREME COURT AND THEIR IMPACT ON FOURTH AND FIFTH AMENDMENT JURISPRUDENCE.

Abstract

THE REVIEWER CONCLUDES AFTER EXAMINING THE COURT'S VIEW ON INDIVIDUAL RIGHTS THAT CURRENT PROTECTION OF PRIVACY RIGHTS IS INADEQUATE. ALTERNATIVE CONSTRUCTIONS OF THE FOURTH AND FIFTH AMENDMENTS, AND AN ILLUSTRATIVE PROPOSAL LIMITING THE AVAILABILITY OF LEGAL PROCESS TO OBTAIN A SUSPECT'S PRIVATE COMMUNICATIONS ARE GIVEN. (AUTHOR ABSTRACT MODIFIED)...TWH