Document Type

Article

Publication Date

2013

Publication Citation

82 Mississippi Law Journal 259 (2013)

Abstract

"The Fourth Amendment: Be Reasonable," is a chapter in a book, The Rehnquist Legacy, published by Cambridge University Press in 2006. The book is a comprehensive legal biography of the Chief Justice in which leading scholars examine his legacy in diverse areas of constitutional law, including criminal procedure. This chapter examines Rehnquist's voluminous Fourth Amendment jurisprudence. While Rehnquist has not authored any single path-breaking case in this area, the chapter shows his success, across the board, in achieving his stated goal of calling a halt to the pro-defendant rulings of the Warren Court in the criminal procedure area. However, Rehnquist has not succeeded in his principal goal: overruling Mapp v. Ohio's application of the exclusionary rule to the states. It was reprinted as an article in the Mississippi Law Journal in 2013.