Constitutional Law,
U.S. Supreme Court
Sep. 15, 2016
The Fourth Amendment pendulum
In the 1960s, the U.S. Supreme Court started to divorce Fourth Amendment protections from their grounding in common-law property rules. Now the pendulum appears to be swinging back.
2nd Appellate District, Division 2
Brian M. Hoffstadt
Associate Justice
California Court of Appeal
UCLA School of Law, 1995
For better or worse, the Fourth Amendment was all about property rights until the mid-20th century. Police could eavesdrop as long as they did not "physically intrude" upon the unsuspecting target's property. Olmstead v. United States, 277 U.S. 438, 464-66 (1928) (wiretapping off premises; was not a "search"); cf. Silverman v. Unit...
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