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Authors

Ryan Leary

Abstract

This comment will begin by discussing how the Fourth Circuit's rationale in United States v. Jenkins could be interpreted as an exception to the Fourth Amendment's warrant and probable cause requirements on closed military installations. Next, this comment will establish the legal definition of a closed military base to determine the potential impact of any interpretation of the Fourth Circuit's decision in Jenkins. Then, this comment will analyze how Jenkins could be interpreted in both broad and narrow ways and why the narrower reading of the Jenkins opinion should be followed. This comment will then consider how other circuits have evaluated searches conducted on closed military installations. Finally, this comment will analyze the potential future impacts that, if read in its broadest sense, the rationale in United States v. Jenkins will have on the Fourth Amendment and individual rights in general.

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