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Articles 61 - 87 of 87
Full-Text Articles in Entire DC Network
Ensuring Miranda’S Right To Counsel Abroad, David Henek '12
Ensuring Miranda’S Right To Counsel Abroad, David Henek '12
NYLS Law Review
No abstract provided.
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Touro Law Review
No abstract provided.
The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen
The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen
Touro Law Review
No abstract provided.
The Need To Overrule Mapp V. Ohio, William T. Pizzi
The Need To Overrule Mapp V. Ohio, William T. Pizzi
University of Colorado Law Review
This Article argues that it is time to overrule Mapp v. Ohio. It contends that the exclusionary rule is outdated because a tough deterrent sanction is difficult to reconcile with a criminal justice system where victims are increasingly seen to have a stake in criminal cases. The rule is also increasingly outdated in its epistemological assumption which insists officers act on "reasons" that they can articulate and which disparages actions based on "hunches" or "feelings." This assumption runs counter to a large body of neuroscience research suggesting that humans often "feel" or "sense" danger, sometimes even at a subconscious level, …
Discipline In Schools After Safford Unified School District #1 V. Redding, Dennis D. Parker
Discipline In Schools After Safford Unified School District #1 V. Redding, Dennis D. Parker
NYLS Law Review
No abstract provided.
The Fourth Amendment, The Exclusionary Rule, And The Roberts Court: Normative And Empirical Dimensions Of The Over-Deterrence Hypothesis, Donald Dripps
Chicago-Kent Law Review
This essay engages in the risky business of predicting future Supreme Court developments. In the first part, I analyze the evidence suggesting that the Roberts Court might abolish the exclusionary rule. The critique of exclusion in Hudson v. Michigan is both less and more probative than appears at first blush. Part II turns to some less obvious evidence pointing in the direction of retaining the exclusionary rule. First, abolition of the exclusionary rule is inconsistent with the Hudson majority's apparent content with prevailing police behavior. Second, abolition of the exclusionary rule would curtail the power of the Supreme Court. Part …
Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak
Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak
Chicago-Kent Law Review
The exclusionary rule, which bars from admission evidence obtained in violation of the Fourth Amendment's prohibition of unreasonable searches and seizures, is a bedrock of American law. It is highly controversial, but there seems to be no equally effective way to protect citizens' rights. This paper proposes that an admissibility standard be adopted that is in keeping with virtually every jurisdiction around the world other than the United States. Thus, before ruling evidence inadmissible, the court would consider the level of the constitutional violation, the seriousness of the crime, whether the violation casts substantial doubt on the reliability of the …
Mapp V. Ohio'S Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby
Mapp V. Ohio'S Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby
Chicago-Kent Law Review
The exclusionary rule is back under the judicial magnifying glass. Recent opinions, most notably by Justice Scalia, have sparked speculation that the Roberts Court is inclined to overrule Mapp v. Ohio and send Fourth Amendment disputes back to the realm of civil suits and police disciplinary actions. As the Court's rulings have made clear, any reevaluation of the exclusionary rule's future will be conducted under the now familiar rubric of whether the rule's "benefit" of deterring police misbehavior outweighs the "cost" of lost evidence and convictions.
This essay argues that if any such reevaluation does occur, the Court must take …
Fourth Amendment Federalism And The Silencing Of The American Poor, Andrew E. Taslitz
Fourth Amendment Federalism And The Silencing Of The American Poor, Andrew E. Taslitz
Chicago-Kent Law Review
In Virginia v. Moore, police officers searched Moore incident to an arrest for a minor traffic infraction for which Virginia statutory law in fact prohibited arrest. The officers found cocaine on Moore's person, arresting him for that crime too. The United States Supreme Court ultimately found that the arrest for the traffic infraction and the subsequent search were valid under the federal Constitution's Fourth Amendment. Central to the Court's reasoning was its insistence that the state statute was irrelevant. Any contrary conclusion, explained the Court, would wrongly make the Fourth Amendment's meaning vary from place to place. Professor Taslitz …
An Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii
An Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii
Nevada Law Journal
No abstract provided.
Constitutional Law—The Fourth Amendment Challenge To Dna Sampling Of Arrestees Pursuant To The Justice For All Act Of 2004: A Proposed Modification To The Traditional Fourth Amendment Test Of Reasonableness, Kimberly A. Polanco
University of Arkansas at Little Rock Law Review
No abstract provided.
Cultural Context Matters: Terry's "Seesaw Effect", Frank Rudy Cooper
Cultural Context Matters: Terry's "Seesaw Effect", Frank Rudy Cooper
Oklahoma Law Review
No abstract provided.
Press One For Warrant: Reinventing The Fourth Amendment's Search Warrant Requirement Through Electronic Procedures, Justin H. Smith
Press One For Warrant: Reinventing The Fourth Amendment's Search Warrant Requirement Through Electronic Procedures, Justin H. Smith
Vanderbilt Law Review
Numerous rulings by the Supreme Court have confirmed the long-held assertion that the Fourth Amendment's warrant requirement is a "centerpiece for the law of search and seizure, and that prescreening by neutral and detached magistrates is [at] the heart of citizens' protection against police overreaching." On September 21, 1994, however, these assertions proved inaccurate and painfully hollow for Betty Ingram, a fifty-three-year-old diabetic who awoke to the sound of armed police officers charging through her front door. The officers, who were searching for a suspect involved in a buy- and-bust operation, had neither obtained a search warrant nor knocked and …
Criminal Procedure: Tenth Circuit Erroneously Allows Officers' Intentions To Define Reasonable Searches: United States V. Carey, Jim Dowell
Oklahoma Law Review
No abstract provided.
To Act Or Not? That Is The Question: Self-Incrimination And The Sole Proprietor, Raymond G. Keenan
To Act Or Not? That Is The Question: Self-Incrimination And The Sole Proprietor, Raymond G. Keenan
Touro Law Review
No abstract provided.
The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie
The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie
Touro Law Review
No abstract provided.
State Constitutional Jurisprudence: Decision Making At The New York Court Of Appeals, Michael Hutter, Vincent Bonventre, Luke Bierman
State Constitutional Jurisprudence: Decision Making At The New York Court Of Appeals, Michael Hutter, Vincent Bonventre, Luke Bierman
Touro Law Review
No abstract provided.
Aids, Rape, And The Fourth Amendment: Schemes For Mandatory Aids Testing Of Sex Offenders, Paul H. Macdonald
Aids, Rape, And The Fourth Amendment: Schemes For Mandatory Aids Testing Of Sex Offenders, Paul H. Macdonald
Vanderbilt Law Review
Few subjects are as emotionally troubling as AIDS' and rape. The latter, of course, has plagued society throughout human history, but AIDS only recently has imposed itself upon our social and medical consciousness. Ever since AIDS became a familiar sight in the headlines nearly ten years ago, society has reacted to it with a mixture of anxiety, confusion, and despair. One consequence of the new societal awareness is the increased hesitancy with which individuals approach intimate contact. When intimate contact is involuntary as in the case of rape, fear of exposure to the disease is especially pronounced. Society,however, seems ill-prepared …
The Exclusionary Rule: A Disputation, Peter Lushing
The Exclusionary Rule: A Disputation, Peter Lushing
Cardozo Law Review
Four-thirty p.m.: the lawyer's decompression hour. Court has just adjourned. The belligerents and (dare we say it) a judge or two recuperate in saloons close by the courthouse; their families can wait. In one tavern, a rear booth is about to be occupied by Mark earnest young county prosecutor. Mark is on the verge of that time when a criminal lawyer begins to doubt the sanity of the system and, perforce, his own integrity. He will be joined by Sam, a born defense counsel. Sam secretly worships America's criminal justice system for its holy commitment to procedural regularity. He has …
The Impact Of Smith V. Maryland On The Law Of Pen Registers, Mark Bialek
The Impact Of Smith V. Maryland On The Law Of Pen Registers, Mark Bialek
Antioch Law Journal
In Smith v. Maryland,' the Supreme Court was presented with the question of whether the installation and use of a pen register2 constitutes a "search" under the fourth amendment.3 The pen register is a device which can be used to determine the telephone numbers dialed from a phone under investigation or the number of rings on calls coming into the phone. The question was raised by petitioner Michael Lee Smith, who was convicted of robbery, at least in part, based on evidence obtained from the installation and use of a pen register.4 Smith claimed that the use of a pen …
An Examination Of The Naming Requirement Of Tittle Iii In Light Of United States V. Donovan - A Case For Suppression, William D. Goldberg
An Examination Of The Naming Requirement Of Tittle Iii In Light Of United States V. Donovan - A Case For Suppression, William D. Goldberg
Villanova Law Review (1956 - )
No abstract provided.
Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons
Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons
Villanova Law Review (1956 - )
No abstract provided.
Nelson V. State, 319 So. 2d 154 (Fla. 2d Dist. Ct. App. 1975), Randall O. Reder
Nelson V. State, 319 So. 2d 154 (Fla. 2d Dist. Ct. App. 1975), Randall O. Reder
Florida State University Law Review
Constitutional Law- SEARCH AND SEIZURE- SCHOOL OFFICIALS' AUTHORITY TO SEARCH STUDENTS IS AUGMENTED BY THE In Loco Parentis DOCTRINE.
Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger
Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger
Villanova Law Review (1956 - )
No abstract provided.
The Street Perspective: A Conversation With The Police, Patrick L. Baude
The Street Perspective: A Conversation With The Police, Patrick L. Baude
IUSTITIA
Professor Baude's purpose in this discussion is to elicit police officers' comments on what members of the legal profession ought to know about the influence of the "street perspective" in shaping those officers' attitudes towards the criminal justice system and the role they play in it. It is police insistence on the broad validity of insights which only "the street" can provide that accounts for the considerable gulf between "front-line" enforcement officers and other functionaries in (and students of) that system. Law students (and no doubt lawyers) seem uncomfortable with the notion that our system cannot adequately be understood without …
Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller
Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller
Florida State University Law Review
Criminal Procedure- PRELIMINARY HEARINGS- NONADVERSARY JUDICIAL DETERMINATION OF PROBABLE CAUSE TO DETAIN IS PREREQUISITE TO EXTENDED RESTRAINT OF LIBERTY FOLLOWING ARREST.
Constitutional Law - Fourth Amendment - A Witness May Not Invoke The Exclusionary Rule To Suppress Evidence Before The Grand Jury Or As A Basis For Refusing To Answer Questions Based On Evidence Seized In Violation Of His Fourth Amendment Rights, Leland G. Ripley
Villanova Law Review (1956 - )
No abstract provided.