Erwin Chemerinsky says he has long believed that the best predictor of whether the U.S. Supreme Court finds a violation of the Fourth Amendment is whether the justices could imagine it happening to them. For example, the Supreme Court upheld drug-testing requirements in every case until it considered a Georgia law that required that high-level government officials be subjected to it.
The Supreme Court and the Fourth Amendment
The National Law Journal
May 14, 2012
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