The Fourth Amendment as a Device for Protecting the Guilty

The article critiques Professor Arnold Loewy's theory that the Fourth Amendment's primary purpose is to protect the innocent, arguing instead that the amendment safeguards both the guilty and the innocent from unreasonable searches and seizures. The author, Morgan Cloud, contends that Loewy's "innocence theory" contradicts the Fourth Amendment's text, historical origins, and Supreme Court jurisprudence. Cloud emphasizes that the amendment's protections are not contingent on guilt or innocence but rather on preventing governmental overreach.