Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Fourth Amendment (71)
- Supreme Court (61)
- Fourth amendment (54)
- Search and Seizure (54)
- Probable cause (46)
-
- New York (41)
- Reasonable suspicion (38)
- Search and seizure (37)
- Federal (36)
- Article I section 12 (33)
- New york constitution (33)
- United states constitution (33)
- Constitution (31)
- Warrant (31)
- § 12 (31)
- Appellate Division (27)
- Amendment IV (25)
- Court of Appeals (22)
- Evidence (21)
- Privacy (21)
- Defendant (20)
- N.Y. Constitutional Article I (20)
- Search & Seizure (19)
- Police (18)
- Section 1983 (18)
- Constitutions (16)
- Drugs (15)
- Unreasonable (15)
- Warrantless search (15)
- Court of appeals (14)
- Publication Year
- Publication Type
Articles 1 - 30 of 195
Full-Text Articles in Entire DC Network
Community Caretaking Exception Saves Lives . . . The Supreme Court Disagrees, Gabriella Lorenzo
Community Caretaking Exception Saves Lives . . . The Supreme Court Disagrees, Gabriella Lorenzo
Touro Law Review
As many are aware, the Fourth Amendment protects the people against unreasonable searches and seizures. A warrant is necessary for said activities. While there are a few exceptions to the warrant requirement, the Supreme Court recently held that the community caretaking exception does not extend to the home. Extending this exception to the home would allow police officers to enter and engage in functions that are unrelated to the investigation of a crime. Essentially, this exception would allow police to aid individuals and prevent serious, dangerous situations to protect the community. This Note discusses why the Supreme Court erred in …
Is There A Fundamental Right To Privacy When An Educational Institution Requires A Student To Disclose Proof Of His Or Her Vaccination Status?, Mary D. Fatscher
Is There A Fundamental Right To Privacy When An Educational Institution Requires A Student To Disclose Proof Of His Or Her Vaccination Status?, Mary D. Fatscher
Touro Law Review
In 2020, the coronavirus disease (“COVID-19”) dominated the world. Although the public has progressively become more informed about the disease and how to safeguard itself, challenges persist as there is still much unknown. Aside from wearing masks, social distancing, and despite its undetermined consequences, the COVID-19 vaccination has emerged as a primary solution to substantially reducing the incidence and severity of the virus in our country. Many COVID-19 vaccine mandates were initiated once three pharmaceutical and biotechnology companies including Pfizer-BioNTech, Moderna, and Johnson & Johnson received Emergency Use Authorization from the Food and Drug Administration (“FDA”).
Monasky’S Totality Of Circumstances Is Vague – The Child’S Perspective Should Be The Main Test, Sabrina Salvi
Monasky’S Totality Of Circumstances Is Vague – The Child’S Perspective Should Be The Main Test, Sabrina Salvi
Touro Law Review
After decades of confusion, the Supreme Court ruled on child custody in an international setting in Monasky v. Taglieri, by attempting to establish the definition of a child’s “habitual residence.” The Court held that a child’s “residence in a particular country can be deemed ‘habitual, however, only when her residence there is more than transitory.’” Further, the Court stated that, ‘“[h]abitual’ implies customary, usual, of the nature of a habit.”’ However, the Supreme Court’s ruling remains unclear. The 1980 Hague Convention on the Civil Aspects of International Child Abduction (“HCCAICA” or “The Hague Convention”), which is adopted in ninety-eight …
Requiring What’S Not Required: Circuit Courts Are Disregarding Supreme Court Precedent And Revisiting Officer Inadvertence In Cyberlaw Cases, Michelle Zakarin
Requiring What’S Not Required: Circuit Courts Are Disregarding Supreme Court Precedent And Revisiting Officer Inadvertence In Cyberlaw Cases, Michelle Zakarin
Scholarly Works
As the age of technology has taken this country by surprise and left us with an inability to formally prepare our legal system to incorporate these advances, many courts are forced to adapt by applying pre-technology rules to new technological scenarios. One illustration is the plain view exception to the Fourth Amendment. Recently, the issue of officer inadvertence at the time of the search, a rule that the United States Supreme Court has specifically stated is not required in plain view inquiries, has been revisited in cyber law cases. It could be said that the courts interested in the existence …
Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza
Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza
Journal of Race, Gender, and Ethnicity
No abstract provided.
A New Era: Digital Curtilage And Alexa-Enabled Smart Home Devices, Johanna Sanchez
A New Era: Digital Curtilage And Alexa-Enabled Smart Home Devices, Johanna Sanchez
Touro Law Review
No abstract provided.
In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis
In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis
Touro Law Review
No abstract provided.
Exigent Circumstances And Searches Incident To Arrest In New York: The Difficulties And Distinctions, Kyle Knox
Exigent Circumstances And Searches Incident To Arrest In New York: The Difficulties And Distinctions, Kyle Knox
Touro Law Review
No abstract provided.
Policing Narrative, Tal Kastner
Policing Narrative, Tal Kastner
Scholarly Works
Counter narrative, a story that calls attention to and rebuts the presumptions of a dominant narrative framework, functions as an essential tool to reshape the bounds of the law. It has the potential to shape the collective notion of what constitutes legal authority. Black Lives Matter offers a counter narrative that challenges the characterization of the shared public space, among other aspects of contemporary society, as the space of law. Using the concept of necropower--the mobilization and prioritization of the state's power to kill--I analyze the contested physical and conceptual space of law exposed by the counter narrative of Black …
Stingrays, Triggerfish, And Hailstroms, Oh My: The Fourth Amendment Implications Of The Increasing Government Use Of Cell-Site Simulators, Jenna Jonassen
Stingrays, Triggerfish, And Hailstroms, Oh My: The Fourth Amendment Implications Of The Increasing Government Use Of Cell-Site Simulators, Jenna Jonassen
Touro Law Review
No abstract provided.
Ithink My Electronic Data Is Secure, But Is It: A Constitutional Analysis Of In Re The Search Of An Apple Iphone, Shira Bloom
Ithink My Electronic Data Is Secure, But Is It: A Constitutional Analysis Of In Re The Search Of An Apple Iphone, Shira Bloom
Touro Law Review
No abstract provided.
The Fourth Amendment And Driving While Intoxicated: When Does A Police Officer Need A Warrant ?, Marra Kassman
The Fourth Amendment And Driving While Intoxicated: When Does A Police Officer Need A Warrant ?, Marra Kassman
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Touro Law Review
No abstract provided.
Family Court, Seneca County, In Re Kaufman, Edward Callaghan
Family Court, Seneca County, In Re Kaufman, Edward Callaghan
Touro Law Review
No abstract provided.
County Court, Monroe County, People V. Reynolds, Jill Weinberg
County Court, Monroe County, People V. Reynolds, Jill Weinberg
Touro Law Review
No abstract provided.
Third Department, Rossi V. City Of Amsterdam, Aron Rattner
Third Department, Rossi V. City Of Amsterdam, Aron Rattner
Touro Law Review
No abstract provided.
First Department, People V Robinson, Courtney Blakeslee
First Department, People V Robinson, Courtney Blakeslee
Touro Law Review
No abstract provided.
Supreme Court, New York County, Kellogg V. Travis, Donna A. Napolitano
Supreme Court, New York County, Kellogg V. Travis, Donna A. Napolitano
Touro Law Review
No abstract provided.
Supreme Court, Kings County, People V. Ortiz, Robert Kronenberg
Supreme Court, Kings County, People V. Ortiz, Robert Kronenberg
Touro Law Review
No abstract provided.
Supreme Court, Kings County, People V. Butler, Robert B. Kronenberg
Supreme Court, Kings County, People V. Butler, Robert B. Kronenberg
Touro Law Review
No abstract provided.
Court Of Appeals, People V. Robinson, Jonathan Janofsky
Court Of Appeals, People V. Robinson, Jonathan Janofsky
Touro Law Review
No abstract provided.
Terry And Beyond: Testing The Underlying Assumption Of Reasonable Suspicion, Illya D. Lichtenberg, Alisa Smith, Michael Copeland
Terry And Beyond: Testing The Underlying Assumption Of Reasonable Suspicion, Illya D. Lichtenberg, Alisa Smith, Michael Copeland
Touro Law Review
No abstract provided.
United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani, Melissa Murphy
United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani, Melissa Murphy
Touro Law Review
No abstract provided.
Much Ado About Some Things: Fourth Amendment Rulings Dominate The Supreme Court’S Criminal Law Decisions In The 2000 Term, William E. Hellerstein
Much Ado About Some Things: Fourth Amendment Rulings Dominate The Supreme Court’S Criminal Law Decisions In The 2000 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
The Big Picture View Of Anonymous Tips From Ordinary People, Amanda M. Dadiego
The Big Picture View Of Anonymous Tips From Ordinary People, Amanda M. Dadiego
Touro Law Review
No abstract provided.
When Does Force Become Excessive?, Taryn Prusinski
When Does Force Become Excessive?, Taryn Prusinski
Touro Law Review
No abstract provided.
Administrative Inspections: The Loophole In The Fourth Amendment, Ryan Nasim
Administrative Inspections: The Loophole In The Fourth Amendment, Ryan Nasim
Touro Law Review
No abstract provided.
Pot In My Backyard: Curtilage Concept Endorsed By The Queens Supreme Court To Suppress Physical Evidence Of Marijuana, Laura J. Mulholland
Pot In My Backyard: Curtilage Concept Endorsed By The Queens Supreme Court To Suppress Physical Evidence Of Marijuana, Laura J. Mulholland
Touro Law Review
No abstract provided.