In sum, the Court has in recent years balanced the degree of government intrusion of the individual or place searched against the government's need for the search. This article addresses some of the questions posed by the evolution of the Fourth Amendment doctrine in light of terrorist concerns since 9/11. Part II will address the history of Fourth Amendment jurisprudence, from the Boyd Era of property protection and the use of general warrants to discover evidence of crime, to Olmstead and the development of the right of privacy under the Fourth Amendment. Part III will address the modern test under Katz and the current search and seizure doctrine, including Terry stops; racial, ethnic, and terrorist profiles; airport and border searches; roadblocks; and mass video and data surveillance. Part IV will discuss the recent assaults on privacy interests under the expectation of privacy test and address the need to balance liberty and privacy concerns under the Fourth Amendment with the need for domestic homeland security. Part V will explore whether the current Katz standard of reasonable expectations of privacy is sufficient under changing circumstances of the war on terror or whether the special needs doctrine or a domestic security exception to the Fourth Amendment's test of reasonableness should govern under society's changing expectations with respect to privacy and security.
Derek M. Alphran,
Changing Tides: A Lesser Expectation of Privacy in a Post 9/11 World,
Rich. J. L. & Pub. Int.
Available at: http://scholarship.richmond.edu/pilr/vol13/iss1/5