4th Amendment Issues Regarding Property-in-Property
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by: Ryan Scott • July 13, 2019 • no comments
(Created page with "Orin Kerr talks about a recurring 4th Amendment issue [https://reason.com/2019/07/11/the-property-in-property-problem-in-fourth-amendment-law/ here.] Opening paragraph: :A c...") |
Latest revision as of 09:36, July 14, 2019
Orin Kerr talks about a recurring 4th Amendment issue here.
Opening paragraph:
- A common problem in Fourth Amendment law that Supreme Court cases leave surprisingly unresolved is what you might call the "property-in-property" problem. It runs like this. Say a person has evidence of crime A that he puts inside his own bag or backpack or other container B. Our person then puts B inside a house, car, or other place C that they don't own or otherwise lawfully control. The police search place C, and they find container B. The police then search container B and find evidence A. That leads to charges, and a Fourth Amendment dispute over the admissibility of evidence A.
