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Article
The Private-Search Doctrine Does Not Exist
Ben McJunkin
2018 Wisconsin Law Review 971 (2018)
 
Open Access  |  Library Access

Abstract:

This Article advances the novel argument that there is no such thing as the Fourth Amendment’s private-search doctrine. For nearly four decades, courts have invoked the doctrine to permit police to replicate, without a warrant, a prior search performed by a private third party. This Article contends that the doctrine rests on a fundamental misreading of the Supreme Court’s seminal precedents and an untenable theory of Fourth Amendment privacy.
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