Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

External Link

Selected Works

Fourth amendment

Articles 1 - 2 of 2

Full-Text Articles in Entire DC Network

Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor Romero May 2015

Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor Romero

Victor C. Romero

This Note rejects the Court's approach to the Fourth Amendment in Lopez and Verdugo and attempts to redefine the boundaries of Fourth Amendment protections for undocumented immigrants. Part I examines the impact of the Lopez and Verdugo decisions upon undocumented immigrants' Fourth Amendment rights. Part II evaluates the arguments for extending Fourth Amendment protections to undocumented immigrants. Viewing the Fourth Amendment as a restriction on government intrusion, Part III examines the constitutional remedies available to undocumented immigrants. This part rejects the Lopez restrictions on the applicability of the exclusionary rule and concludes that the Fourth Amendment neither draws distinctions among …

Go to article

Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino Dec 2008

Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino

Michael R Dimino

Police spend an estimated two-thirds to four-fifths of their time on “community-caretaking” activities having little or nothing to do with the investigation of crime. Such activities include checking on persons who may be hurt or ill, ensuring that highways are clear and safe for travel, and generally offering assistance to members of the public who need it. When these community-caretaking functions require police to access places where people reasonably expect privacy, the Fourth Amendment requires that they be performed “reasonably.” The Supreme Court, however, has left the specifics of this reasonableness standard undefined, and lower courts have done little to …

Go to article