Abelson on Intrusion and the Fourth Amendment
Laura Ginsberg Abelson (Southern Methodist University - Dedman School of Law) has posted The Fourth Amendment's Hidden Intrusion Doctrine (111 Va. L. Rev. 1255 (2025)) on SSRN. Here is the abstract: The Fourth Amendment’s concept of probable cause is…
Laura Ginsberg Abelson (Southern Methodist University - Dedman School of Law) has posted The Fourth Amendment's Hidden Intrusion Doctrine (111 Va. L. Rev. 1255 (2025)) on SSRN. Here is the abstract: The Fourth Amendment’s concept of probable cause is the linchpin of legal standards governing law enforcement actions such as arrests, searches, and seizures. This article challenges the assumption that the same quantum of evidence can meet the probable cause standard regardless of whether law enforcement seek to conduct a search, to seize evidence, or to make an arrest, and regardless of the intrusiveness of such search or seizure.
