The Fourth Amendment as a Device for Protecting the Innocent

In this article, Professor Arnold H. Loewy discusses the issues that arise from approaching the Fourth Amendment based on its effects on guilty parties instead of innocent citizens. First, he discusses historical Fourth Amendment jurisprudence, particularly the distinction between the “mere evidence” rule and the modern approach. Then, he analyzes the line of Supreme Court cases defining the modern approach to the Fourth Amendment, including the resultant exclusionary rule. Finally, he discusses how those cases would have turned out had the focus been instead on the way such interpretations would apply to the innocent, rather than the guilty.