Chapter

A Fourth Amendment Framework

in Privacy at Risk

Published by University of Chicago Press

Published in print October 2007 | ISBN: 9780226762838
Published online March 2013 | e-ISBN: 9780226762944 | DOI: http://dx.doi.org/10.7208/chicago/9780226762944.003.0002
A Fourth Amendment Framework

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This chapter presents an interpretation of the Fourth Amendment in relation to government surveillance in the United States. It argues that when contemplating surveillance, government should be required to provide justification proportionate to the intrusiveness of the surveillance and to seek third-party authorization in all nonexigent circumstances. The chapter also shows that the post-Warren Court's application of the balancing analysis has attributed far too much weight to the government's interests and far too little to the individual's.

Keywords: Fourth Amendment; government surveillance; United States; intrusiveness of surveillance; third-party authorization; post-Warren Court; nonexigent circumstances

Chapter.  11212 words. 

Subjects: Criminal Law

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