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Constitutional Law

Pace University

Search and seizure

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Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen Aug 2016

Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen

Pace Law Review

Part I of this note discusses the Fourth Amendment’s protection against unreasonable search and seizures and its probable cause requirement. The Fourth Amendment’s text remains the same since its enactment. However, interpretation of the Fourth Amendment continues to evolve in order to stay current with society. Interpretation of the Fourth Amendment also varies based on state constitutional law since states can provide its citizens with greater protection than the United States Constitution. This is why the United States Supreme Court, federal district courts, and state courts have all undergone thorough Fourth Amendment analyses when applying the true meaning of the …


Searches Incident To Arrest And The Aftermath Of Arizona V. Gant – A Circuit Split As To Gant’S Applicability To Non-Vehicular Searches, Nicholas De Sena Mar 2013

Searches Incident To Arrest And The Aftermath Of Arizona V. Gant – A Circuit Split As To Gant’S Applicability To Non-Vehicular Searches, Nicholas De Sena

Pace Law Review

The nation’s struggle to balance individual rights of privacy and legitimate law enforcement efforts continues without any clear resolution in sight. The Fourth Amendment of the United States Constitution guarantees citizens the right to be free from unreasonable searches and seizures, stating that search warrants shall be issued only with a showing of probable cause, a description of the place to be searched, and the persons or things to be seized. Complementing the warrant requirement is the principal that searches done without a warrant are per se unreasonable. The Supreme Court, however, has recognized exceptions to the warrant requirement under …


Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman Apr 2010

Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman

Pace Law Review

Part I of this Article discusses the facts in People v. Weaver, the majority and dissenting opinions in the Appellate Division, Third Department decision, and the majority and dissenting opinions in the Court of Appeals decision. Part II addresses the question that has yet to be decided by the U.S. Supreme Court—whether GPS tracking of a vehicle by law enforcement constitutes a search under the Fourth Amendment. Part III addresses the separate question that the Court of Appeals did not address in Weaver—whether the surreptitious attachment of a GPS device to a vehicle constitutes a seizure under the Fourth Amendment. …


Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman Apr 2010

Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Article discusses the facts in People v. Weaver, the majority and dissenting opinions in the Appellate Division, Third Department, and the majority and dissenting opinions in the Court of Appeals. Part II addresses the question that has yet to be decided by the U.S. Supreme Court – whether GPS tracking of a vehicle by law enforcement constitutes a search under the Fourth Amendment. Part III addresses the separate question that the Court of Appeals did not address - whether the surreptitious attachment of a GPS device to a vehicle constitutes a seizure under the Fourth Amendment. …


United States V. Scott: Should A Pre-Trial Releasee Be Subject To Fourth Amendment Searches And Seizures Based On Probable Cause Or Reasonable Suspicion?, Gina M. Muccio Jan 2007

United States V. Scott: Should A Pre-Trial Releasee Be Subject To Fourth Amendment Searches And Seizures Based On Probable Cause Or Reasonable Suspicion?, Gina M. Muccio

Pace Law Review

No abstract provided.