How the Post-Framing Adoption of the Bare-Probable-Cause Standard Drastically Expanded Government Arrest and Search Power

Authors

Thomas Y. Davies

Abstract

Davies exposes a story that has been almost entirely overlooked: that the now-accepted doctrine that probable cause alone can justify a criminal arrest or search did not emerge until well after the framing of the Bill of Rights in 1789 and constituted a significant departure from the criminal-procedure standards that the Framers of the Bill thought they had preserved.

Citation

Thomas Y. Davies, How the Post-Framing Adoption of the Bare-Probable-Cause Standard Drastically Expanded Government Arrest and Search Power, 73 Law and Contemporary Problems 1-67 (Summer 2010)
Available at: https://scholarship.law.duke.edu/lcp/vol73/iss3/2