Giving the Fourth Amendment Meaning: Creating an Adversarial Warrant Proceeding to Protect From Unreasonable Searches and Seizures

For at least the past 40 years, police and prosecutors have had free reign in conducting illegal searches seizures nominally barred by Fourth Amendment. The breadth of exceptions to warrant requirement, lax interpretation probable cause, especially “good faith” doctrine announced U.S. v. Leon led severe violations privacy rights, trauma those wrongly searched or seized, a court system overburdened misconduct cases. Most scholars analyzing issue agree that rights guaranteed Amendment—to be from unreasonable search seizure—have been severely eroded even eviscerated Supreme Court. Some suggest order revitalize Amendment, United States should make it easier secure civil damages after Amendment violated. Others argued must guarantee stronger ex ante protections uphold fundamental before they are This Note argues that, while requirements do need more stringent safeguard cannot on their own sufficiently protect such sacred right. proposes adoption adversarial proceedings, designed ensure meet cause burden any lies sloppy investigative work rooted out application is granted. False arrests can deeply traumatizing excruciating long-term impacts. meaningful affect, People an advocate—a Warrants Counsel— fighting for right Roberts Court’s destruction leaves little reason expect protection seizure through litigation. Instead, Congress create Counsel program legislatively. look major success Federal Defenders as blueprint zealous advocacy rights. A Counsel, like public defender, would government paid attorney, present argue against magistrate whenever seek warrant. Like Sixth defender system, desperately needs some structure give its language meaning; counterbalance over-powered favor People.