The Fourth Amendment: History, Purpose, and Remedies

In this symposium issue introduction, Professor Arnold H. Loewy provides a brief overview of the history of the Fourth Amendment, the values it was intended to promote, and the exclusionary rule as a remedy for Fourth Amendment violations. He discusses the inconsistent approach to historical authority taken by the Supreme Court, the practical application of “reasonableness” as the primary Fourth Amendment consideration, and the increasingly limited scope under which the exclusionary rule applies.