Two Wrongs Don't Make a Fourth Amendment Right: Samson Court Errs In Choosing Proper Analytical Framework, Errs in Result, Parolees Lose Fourth Amendment Protection

Authors

Rachael A. Lynch

Abstract

This Note will follow the Fourth Amendment from its origins to its modern application to parolee rights, as evidenced by the Samson Court. Part II focuses on the Fourth Amendment, from the circumstances surrounding its adoption to modern court cases that have applied its tenets to prisoners, probationers, and, finally, parolees. Part III details the Supreme Court’s decision in Samson v. California, including a thorough discussion of the facts that gave rise to the case and lower court decisions. Part IV explores the problems with the Court’s framework and suggests other possible frameworks the Court could have used to come to a decision in Samson, while also exploring the ramifications of each analytical framework.

Recommended Citation

Lynch, Rachael A. (2008) "Two Wrongs Don't Make a Fourth Amendment Right: Samson Court Errs In Choosing Proper Analytical Framework, Errs in Result, Parolees Lose Fourth Amendment Protection," Akron Law Review: Vol. 41: Iss. 2, Article 6.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol41/iss2/6