“Lonesome Road”: Driving Without the Fourth Amendment
Katz, Lewis R.
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- 2014Amended Opinion August 21, 2014 State of Iowa v. Craig E. Harrison Iowa
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Abstract
The protections of the Fourth Amendment on the streets and highways of America have been drastically curtailed. This Article traces the debasement of Fourth Amendment protections on the road and how the Fourth Amendment’s core value of preventing arbitrary police behavior has been marginalized. This Article contends that the existence of a traffic offense should not be the end of the inquiry but the first step, and that defendants should be able to challenge the reasonableness even when there is proof of a traffic offense.