同意と緊急性の適用関係について(村山高康教授退任記念号)

概要

論文の詳細を見る
In the United States of America, the Fourth Amendment to the Constitution prohibits unreasonable searches and seizures, and stipulates that a warrant must be issued on the basis of probable cause. The Supreme Court (of the United States) rules that warrantless searches and seizures are "per se unreasonable under the Fourth Amendment-subject only to a specifically established and well-delineated exceptions" proclaiming that a warrant must be obtained for a search or a seizure (the warrant requirement). In this article, "consent search" and "exigent circumstances exception" established by the Supreme Court as "exceptions to the warrant requirement" are examined in the light of the Fourth Amendment to the Constitution. Although the Supreme Court established both "consent" and "exigent circumstances" as "exceptions to the warrant requirement", applicability of "consent" or "exigent circumstances" is complex in certain cases. This article also aims at classifying these cases and theories in terms of the applicability so that it may help to disentangle the complications within them.
2010-03-25