Property, Privacy and Power: Rethinking the Fourth Amendment in the Wake of U.S. v. Jones

62 Pages Posted: 12 Jun 2014

See all articles by Dana Raigrodski

Dana Raigrodski

University of Washington - School of Law

Date Written: January 1, 2013

Abstract

This Article seeks to uncover invisible gender, race, and class biases driving modern Fourth Amendment discourse. Unlike traditional theories, which tend to view the Fourth Amendment through the lens of either privacy or property, this Article advances a theory focusing on the real issues of power and control that fuel Fourth Amendment jurisprudence. Specifically, the Article exposes the private/public and home/market dichotomies that are central to the Supreme Court rhetoric as arbitrary and artificial. It finds that current Fourth Amendment discourse protects the interest of white, privileged men and perpetuates male ideology as well as male domination. That focus leaves women, people of color, and those less privileged, unprotected. In opposition to that discourse, this Article offers a re-reading of the historical sources of the Fourth Amendment in a way that re-emphasizes the amendment’s core: curbing subordinating power. It broadens the traditional focus on power abuses of one’s privacy or property and argues that we need to conduct Fourth Amendment inquiries through a prism of multiple, web-like hierarchies. To that end, the Article explores several possibilities of modeling an alternative, feminist Fourth Amendment, including articulating the Fourth Amendment around an antisubordination principle, employing a multi-focal approach to Fourth Amendment adjudication, and infusing search and seizure law with multiple perspectives in the form of personal narratives.

Keywords: fourth amendment, privacy, subordination, anti-subordination, feminist jurisprudence, public-private discourse

Suggested Citation

Raigrodski, Dana, Property, Privacy and Power: Rethinking the Fourth Amendment in the Wake of U.S. v. Jones (January 1, 2013). Boston University Public Interest Law Journal, Vol. 22, No. 1, pp. 67-128, 2013, Available at SSRN: https://ssrn.com/abstract=2447110

Dana Raigrodski (Contact Author)

University of Washington - School of Law ( email )

Seattle, WA 98195
United States
206-616-5321 (Phone)

HOME PAGE: http://www.law.washington.edu/Directory/Profile.aspx?ID=26

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