Abstract
The overwhelming concensus of Fourth Amendment scholars is that the Supreme Court's sea and seizure cases are a mess. This article proposes that the confusion arises from the manner in which the cases were studied, not from the decisions themselves. A legal model with variables that me the prior justification of the search, the nature of the intrusion, and a few mitigating circumstance used to explain the Court's decisions on the reasonableness of a given search or seizure. The parameters are estimated through probit.The results show that the search and seizure cases are much more ordered than had commonly been believed. Virtually all of the estimates are as expected. Additionally, the Court is shown to act favorably toward the federal government than toward the states. Preliminary analysis suggests the model has predictive as well as explanatory value.
Publisher
Cambridge University Press (CUP)
Subject
Political Science and International Relations,Sociology and Political Science
Reference29 articles.
1. Predicting Supreme Court Decisions Mathematically: A Quantitative Analysis of the “Right to Counsel” Cases
2. Fact style adjudication and the Fourth Amendment: the limits of lawyering;Dworkin;Indiana Law Journal,1973
Cited by
227 articles.
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