Section 9.4 Interpretive Sources: History and Meaning of the Fourth Amendment
| Library | Criminal Practice 2012 Supp |
B. (§9.4) Interpretive Sources: History and Meaning of the Fourth Amendment
In determining the meaning of the Fourth Amendment, the Court often uses a multi-step analysis. United States v. Verdugo-Urquidez, 494 U.S. 259 (1990), and California v. Hodari D., 499 U.S. 621 (1991), are good examples of the Court’s approach. First, it examines the text of the Fourth Amendment to determine the meaning of the provision involved. Verdugo-Urquidez, 494 U.S. at 265; Hodari D., 499 U.S. at 624, 633. The Court’s “textual exegesis” is frequently inconclusive, and, in the...
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