Kent R. Hopper


Protections for criminal defendants and suspects have undergone a steady erosion with the increasing conservatism of the United States Supreme Court. A recent decision illustrates how this trend carries over to undermine the rights of all citizens. This Note focuses on the decision in Florida v. Bostick, and its impact on Fourth Amendment rights. Part III of this Note contains a review of the current status of Fourth Amendment interpretation from the standpoint of both search and seizure. In Part IV, the majority opinion and the dissent are analyzed in turn. Finally, in Part V, the argument is put forward that decisions of the current Court may be highlighting the dangers inherent in the discretion allowed by the totality of the circumstances test.

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