Sovereignty and suspicion

Most academics agree that search and seizure jurisprudence is a "mess." Pro fessor Luna proposes a new approach to the Fourth Amendment founded on a so vereignty-based theory of the Constitution. Under this individual rights mo del a government search or seizure of an individual's home or body receives the strongest presumption of invalidity. This presumption, he argues, coul d only be rebutted in three discrete circumstances: (1) consent by the indi vidual to search his home or body; (2) individualized suspicion of wrongdoi ng; or (3) real direct, and substantial threats to the sovereignty of other persons. Apart from these exceptions, governmental intrusions into the bod y and home are beyond the boundaries of official authority,. Professor Luna contrasts the individual rights model with what he calls an anti-discrimin ation approach to the Fourth Amendment, which focuses on group participatio n in the political process rather than coercive effects on the individual H e identifies an important flaw in the antidiscrimination model the lack of a constitutional floor protecting individuals and constraining government. Professor Luna's individual rights model provides content to that constitut ional floor-tangible zones of individual sovereignty.