Should Law Enforcement Trump Individual Rights?April 8, 2010 – In The News
The Legal Eagle
The Fourth Amendment guarantees people's rights against unlawful searches of private property. Alain Leibman was quoted regarding the importance and explanation of this Amendment, equating its importance by referencing the unjust days of the Revolutionary War, and the resentment that led to the creation of this Amendment. Leibman made mention of the exclusionary rule and its role as a judge-created rule to establish guidance for police and citizens when dealing with evidence used in courts. He explained that over time, this rule has come "under stress" as judges have created more and more exceptions. However, Leibman pointed out that the protections of the Fourth Amendment are long rooted in America's history and believed these rights have remained essentially intact. He said the court system would be "loathe" to alter the stance on these rights, and although not improbable, it is highly unlikely the protections will change.