Mr. Garden here explores the history and development of the power of federal officers to seize and search without warrant. The study is divided into the power to search persons, places, vehicles, and to seize things The author concludes that, with a limited exception, no federal power of search or seizure of persons or property without prior special warrant can be derived from the federal constitution. Finally, the author suggests that the Supreme Court may refuse to follow its dicta upholding the federal power to search and seize without warrant if the proper case is brought before it.
Philip M. Carden,
Federal Power To Seize and Search Without Warrant,
18 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol18/iss1/1