CONSTITUTIONAL LAW-SEARCH AND SEIZURE

Authors

Howard A. Jacobs S.Ed., University of Michigan Law SchoolFollow

Abstract

The most important step in the development of this constitutional provision came in 1886 in the famous case of Boyd v. United States. There the Court gave life to the Fourth Amendment by recognizing its intimate relation to the Fifth Amendment; thus laying the foundation for the federal rule that the Fifth Amendment protects every person from incrimination by the use of evidence obtained through search or seizure made in violation of his rights under the Fourth Amendment. With the exception of a temporary setback in 1903, this rule, as restated in the Weeks case, has effectively weathered a barrage of criticism. But recent decisions indicate a modified interpretation of the right to be free from unreasonable searches and seizures. The cases of Davis v. United States and Zap v. United States which arose out of governmental regulation during World War II, deserve scrutiny, for they evidence a trend in judicial thought inconsistent with established precedent.

Recommended Citation

Howard A. Jacobs S.Ed., CONSTITUTIONAL LAW-SEARCH AND SEIZURE, 45 Mich. L. Rev. 605 (1947).
Available at: https://repository.law.umich.edu/mlr/vol45/iss5/5