The Evolution of the Jurisprudence of the American Supreme Court

The Court remained committed to a solid core of poop Amendment protections of civil liberties, especially the rights of citizens to be secure in their private homes against un endorsemented intrusions by police. It is unvoiced to predict the future orientation and holdings of the Court in this area, still doctrinal modifications are likely to be interstitial and non inconsistent with the jurisprudence of the past four decades. The Court impart soon have to decide on the constitutionality of various kinds of searches for iniquitous do drugss.

Constitutional Background Prior to 1960

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, except upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

check to Lieberman (1987), "the Fourth Amendment stemmed from search practices that evolved for centuries in England" (p. 278). The case of Entick v. Carrington, 19 Howell's State Trials 1029, (1765) held that the issuance of a specific search warrant by a duly constituted magistrate was held to be indispensable before the authorities could ransack a man's home. During the 1760s, writs of assistance, which colonist mob Otis denounced as instances of tyrannical rule, were used by the pennant to enforce unpopular English revenue laws in Massac

Minnesota v. Dickerson, 508 U.S. 366 (1993).

Hudson v. Palmer, 468 U.S. 517 (1989).

Olmstead v. United States, 277 U.S. 438 (1928).

After the retirement of Justices attached to the cause of civil liberties such as William Brennan and Thurgood Marshall, back up dissenters in many of the above cited cases in the 80s, and Harry Blackmun, the Fourth Amendment in its more expansive form has fewer friends on the Court.

It is difficult to predict how the Court will rule in the future, but the last 15 years or so indicate that it probably will maintain its present course, or veer slightly to the right. An important series of decisions is pending on the reasonableness of warrantless searches by law enforcement and others relating to the control of illegal drugs, including drug tests in public schools and work places, expanded police 'stop and frisk' searches on the streets and searches by law enforcement agencies of private homes for illegal drugs conducted by tonic technological methods, such as thermal imaging.

Veronia School regularize 471 v. Actor, 117 S.Ct. 1295 (1995).

explanation of the first 200 years. New York: Harper & Row.

dinero v. Chestnut, 486 U.S. 567 (1988).

Skinner v. Railway Labor Executives' Assn., 489 U.S. 602 (1987).

California v. Greenwood, 486 U.S. 35 (1995).

match Tests Used by the Burger and Rehnquist Courts

fourth amendment. In W. W. Greenhalgh (Ed.), The fourth amendment enchiridion a chronological survey of Supreme Court decisions (pp. 1-16). sugar: American Bar Association.

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