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Usual Suspects Beware: "Walk, Don't Run" Through Dangerous Neighborhoods, Margaret Anne Hoehl
Usual Suspects Beware: "Walk, Don't Run" Through Dangerous Neighborhoods, Margaret Anne Hoehl
University of Richmond Law Review
The Fourth Amendment to the United States Constitution is "designed 'to prevent arbitrary and oppressive interference by enforcement officials with the privacy and personal security of individuals." The Amendment is currently interpreted as consisting of two separate clauses, the first generally prohibiting unreasonable searches and seizures, and the second requiring the establishment of probable cause prior to the issuance of a warrant. Hence, only those government searches and seizures requiring a warrant necessitate the establishment of probable cause, and all other searches and seizures simply need to be "reasonable."
Liberty From Officials By Grace: The Fourth Amendment's Application To Automobile Passengers In Maryland V. Wilson, Michael Begland
Liberty From Officials By Grace: The Fourth Amendment's Application To Automobile Passengers In Maryland V. Wilson, Michael Begland
University of Richmond Law Review
On February 19, 1997, the United States Supreme Court handed down its decision in Maryland v. Wilson, and put an end to twenty years of speculation regarding a police officer's authority to order a passenger out of a lawfully stopped automobile. In finding that such an order does not violate a passenger's Fourth Amendment privacy interests, the Supreme Court reversed Maryland's Court of Special Appeals and sided with the majority of states that have considered this narrow issue. The Court's decision provides important insight into the current state of Fourth Amendment jurisprudence and the Supreme Court's increasing willingness to sacrifice …
Reasonable Articulable Suspicion - The Demise Of Terry V. Ohio And Individualized Suspicion, Esther Jeanette Windmueller
Reasonable Articulable Suspicion - The Demise Of Terry V. Ohio And Individualized Suspicion, Esther Jeanette Windmueller
University of Richmond Law Review
The plethora of law review articles and cases on search and seizure demonstrates the confusion and frustration in fourth amendment stop-and-frisk jurisprudence. The fourth amendment to the Constitution guarantees that persons will be free of "unreasonable searches and seizures . . . and no Warrants shall issue but upon probable cause." A "stop-and-frisk" is a warrantless detention and search of a person by a police officer to investigate for unlawfulness. Although the United States Supreme Court has issued many investigative stop decisions, the Court has failed to promulgate a coherent and practical stop-and-frisk procedure for law enforcement personnel to follow. …
The Emergency Exception To The Fourth Amendment, Ronald J. Bacigal
The Emergency Exception To The Fourth Amendment, Ronald J. Bacigal
University of Richmond Law Review
Although an emergency or exigent circumstance is frequently cited as one justification for a search without a warrant,' "the contours of this exception have not developed and. . . [the Supreme Court] .. .has never pinned it down to a workable and effective meaning. Some of the ambiguity surrounding the emergency exception is attributable to the use of the single term "emergency" to embody several distinct concepts. An emergency can be defined broadly as the basic justification for all warrantless searches, or it may refer to a single type of warrantless search separate and distinct from other recognized warrantless searches. …
Search And Seizure- Permissible Scope Of A Search Incident To A Valid Custodial Arrest
Search And Seizure- Permissible Scope Of A Search Incident To A Valid Custodial Arrest
University of Richmond Law Review
While the fourth amendment does not make a warrant mandatory for all searches, it does require that all searches meet the test of reasonableness. The search incident to a lawful arrest is one of the well-established exceptions to the warrant requirement. The incidental search doctrine and the exclusionary rule were first discussed by the United States Supreme Court in Weeks v. United States. The Supreme Court's failure to enunciate definitive standards in defining the permissible scope of a search incident to an arrest has created numerous problems for the courts and police. The limitations on the permissible scope of a …