St. Thomas Law Review
First Page
68
Document Type
Comment
Abstract
This Comment brings reconciliation between the majority and minority opinions in Strieff by proposing a solution that will uphold Fourth Amendment rights and public safety. Part II explores the Fourth Amendment by tracing the origins of the exclusionary rule, and then discusses the Court's first step in undermining constitutional rights in Terry v. Ohio. Part III discusses the Court's trend of weakening Fourth Amendment rights and provides an in-depth analysis of the impact its most recent Fourth Amendment ruling, Strieff will have on Blacks and lower socioeconomic citizens. Part IV provides a comprehensive solution, suggesting a warrant hierarchy system that will alleviate the disparate impact that Strieff will cause. Part V concludes by explaining that the Court has weakened the exclusionary rule and should adopt the warrant hierarchy system in order to curb the grave effects of Strieff.
Recommended Citation
Chanae L. Wood,
Black and Poor: The Grave Consequences of Utah v. Strieff,
30
St. Thomas L. Rev.
68
(2017).
Available at:
https://scholarship.stu.edu/stlr/vol30/iss1/7
Included in
Criminal Law Commons, Criminal Procedure Commons, Law and Race Commons, Law and Society Commons