NCJ Number
145364
Journal
Louisiana Law Review Volume: 52 Issue: 5 Dated: (May 1992) Pages: 1183-1204
Date Published
1992
Length
22 pages
Annotation
The author discusses a case in which law enforcement liberties won out over the individual fourth amendment protection against unreasonable intrusion.
Abstract
In Florida v. Bostick, the US Supreme Court reversed the Florida Supreme Court's decision that a police search of Bostick's luggage had been done without reasonable suspicion, although with Bostick's consent. The search turned up drugs; thus the issue had become whether illegally seized items could be presented as evidence. Apparently in order to serve the greater interest of fighting the nation¦s war on drugs, the US Supreme Court made an exception to the rule of what constitutes reasonable suspicion. History demonstrates that repressive measures usually result in an evil greater than that which they were intended to eliminate. All concerned persons would agree that drug trafficking needs to be stopped, but should keep in mind that ends do not justify means; further, that means tend to become ends. The fastest way to win the war on drugs may indeed be to suspend individual protection, but such is too high a price to pay. To let some offenders go is a much lesser price to pay in order to secure the constitutional rights of all citizens. 126 endnotes