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Drug War and the Vanishing Fourth Amendment

NCJ Number
140773
Journal
Criminal Justice Journal Volume: 14 Issue: 2 Dated: (Fall 1992) Pages: 229- 308
Author(s)
M Lippman
Date Published
1992
Length
80 pages
Annotation
Recent U.S. Supreme Court decisions regarding searches and seizures in cases involving drug law offenses are significantly jeopardizing citizens' rights under the Fourth Amendment of the Constitution.
Abstract
The Court has approved seizures in airports on less than reasonable suspicion and seizures based on drug courier profiles. It has also approved dragnet seizures and consent searches on buses, the use of drug dogs to establish probable cause to seize and search luggage, and the lengthy detention of individuals suspected of smuggling drugs across international borders in their alimentary canals. In addition, it has approved automobile roadblocks, the use of implied consent laws for warrantless blood tests of alcohol and drugs, employee drug testing, and warrantless searches without probable cause of the area adjacent to the home. These decisions indicate that the Court may believe that the Fourth Amendment has limited applicability not only to searches for drugs outside the United States but also to drug law enforcement within the United States. Footnotes