Document Type
Article
Publication Title
Mississippi Law Journal
Publication Date
2013
ISSN
0026-6280
Page Number
307
Keywords
right of privacy, Fourth Amendment, law enforcement
Disciplines
Fourth Amendment | Law | Privacy Law
Abstract
In the history of the Supreme Court, William Rehnquist may have been the least friendly justice toward the view that the Fourth Amendment should be read expansively. Even he, however, might have interpreted the amendment to place more restrictions on modern law enforcement techniques than current caselaw does. Relying on a 1974 article authored by Rehnquist, this essay, written for a symposium on Rehnquist and the Fourth Amendment, describes his views on the types of requirements the Fourth Amendment imposes on the police, how decriminalization can protect privacy, and most importantly, why Rehnquist might have been willing to regulate surveillance that is "panvasive, pervasive and widespread” even if it focuses on public activities or information surrendered to third parties.
Recommended Citation
Christopher Slobogin,
Rehnquist and Panvasive Searches, 82 Mississippi Law Journal. 307
(2013)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/270