I. Introduction
In Mapp v. Ohio,1
Thanks to Amanda Geller and John MacDonald for their contributions to the analysis. Rachel Harmon, Wayne Logan, Sonja Starr, David Sklansky, Erik Luna and workshop participants at the University of Chicago Law School provided important comments on earlier drafts. Thanks to Logan Gowdey and Sophia Harris for excellent research assistance.Jeffrey Fagan served as expert witness for plaintiffs in Floyd v. City of New York, 959 F. Supp. 2d 540 (S.D.N.Y. 2013); Ligon v. City of New York, 959 F.3d 166 (2d Cir. 2013); and Davis v. City ofNew York, 902 F. Supp. 2d 405 (S.D.N.Y. 2012). All opinions and errors also are solely mine.
In Mapp v. Ohio,1