What protection do the Fourth and Fifth Amendments afford against acquisition of evidence by search and seizure, actual or constructive? Does an individual have a constitutional privilege against the disclosure of records he is required by law to keep? May police officers search premises on which an arrest is made and seize contraband which they find there? A series of cases recently decided by a closely divided Supreme Court has enveloped this field in the same deep fog of uncertainty which now hangs over so many other areas of constitutional law. The unstable quality of these precedents is attested by the fact that in every case but one, the shifting vote of a single member, Justice Douglas, has been decisive. Nevertheless, their implications are too far-reaching to be ignored.
Mary L. Ramsey,
ACQUISITION OF EVIDENCE BY SEARCH AND SEIZURE,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol47/iss8/7