Race and the Fourth Amendment: Defendants Raise Issue in Suppression Motions
This article will examine how courts are considering race as a factor in a Fourth Amendment analysis, and how defendants are beginning to raise this issue in suppression motions.
April 04, 2023 at 08:23 AM
9 minute read
Criminal LawUntil recently, New York courts have seldom utilized race as a factor when determining whether law enforcement officers have violated an individual's rights under the Fourth Amendment. This might seem counterintuitive considering that the Fourth Amendment is primarily concerned with protecting individual privacy against arbitrary intrusion by the government. This article will examine, however, how courts are considering race as a factor in a Fourth Amendment analysis, and how defendants are beginning to raise this issue in suppression motions.
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