Recent Supreme Court search and seizure cases are the harbingers of a new conceptual way of analyzing fourth amendment questions. The author describes the separate fourth amendment issues of applicability and reasonableness and critically analyzes the Court's development of new privacy rules of applicability. The Court fails to recognize that privacy has both quantitative and qualitative aspects; the limited quantum of privacy analysis may account for this failure. This comment proposes a new fourth amendment privacy model and illustrates its application in various secret agent situations.
Robert L. Bergstrom,
The Applicability of the "New" Fourth Amendment to Investigations by Secret Agents: A Proposed Delineation of the Emerging Fourth Amendment Right to Privacy,
45 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol45/iss4/6