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Policing the Fourth Amendment: The Problematic Effects of Expanding the Community Caretaking Doctrine in United States v. Treisman.

Authors :
KIERNAN, MARY GRACE
Source :
North Carolina Law Review; Oct2024, Vol. 102 Issue 6, p1737-1753, 17p
Publication Year :
2024

Abstract

In United States v. Treisman, the Fourth Circuit upheld the warrantless search of a vehicle by relying on the community caretaking doctrine ("CCD"). The court's decision dangerously broadens the CCD, allowing for potential abuse of citizens' Fourth Amendment rights. By exploring the facts of the case, the history and application of the Fourth Amendment, and the nuances of the CCD, this Recent Development argues that the Fourth Circuit's ruling undermines privacy protections and sets a precedent for increased police discretion in warrantless searches. This expansion not only threatens citizens' privacy rights but also further complicates the dual role of police officers as both protectors of the community and enforcers of the law. This Recent Development concludes with a call for stricter standards and clearer guidelines to prevent the erosion of Fourth Amendment protections under the guise of community caretaking. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
00292524
Volume :
102
Issue :
6
Database :
Complementary Index
Journal :
North Carolina Law Review
Publication Type :
Academic Journal
Accession number :
180665174