Conclusion: A Different Fourth Amendment?

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:
Conclusion: A Different Fourth Amendment?

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This chapter sums up the key findings of this study on the regulation of government surveillance in the United States. It argues that surveillance which is not regulated is unreasonable under the Constitution, and that Fourth Amendment jurisprudence needs to relinquish its focus on the traditional probable cause/individualized suspicion model backed by a motion for exclusion as the primary means of protecting individual interests. The chapter proposes that Fourth Amendment regulation should flow from the proportionality and exigency principles.

Keywords: government surveillance; United States; Fourth Amendment; probable cause; individualized suspicion; proportionality principle; exigency principle

Chapter.  5203 words. 

Subjects: Criminal Law

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