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Articles 1 - 14 of 14
Full-Text Articles in Entire DC Network
Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum
Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum
Touro Law Review
No abstract provided.
Court Of Appeals Of New York – People V. Hall, Christopher Shishko
Court Of Appeals Of New York – People V. Hall, Christopher Shishko
Touro Law Review
No abstract provided.
Appellate Division, Third Department - People V. Mabeus , Christina Pinnola
Appellate Division, Third Department - People V. Mabeus , Christina Pinnola
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. Weaver , Michelle Kliegman
Court Of Appeals Of New York - People V. Weaver , Michelle Kliegman
Touro Law Review
No abstract provided.
Appellate Division, Third Department - People V. Devone , Gregory Zak
Appellate Division, Third Department - People V. Devone , Gregory Zak
Touro Law Review
No abstract provided.
County Court Of New York, Essex County - People V. Bordeau , Daniel J. Evers
County Court Of New York, Essex County - People V. Bordeau , Daniel J. Evers
Touro Law Review
No abstract provided.
Pawing Their Way To The Supreme Court: The Evidence Required To Prove A Narcotic Detection Dog's Reliability, Monica Fazekas
Pawing Their Way To The Supreme Court: The Evidence Required To Prove A Narcotic Detection Dog's Reliability, Monica Fazekas
Northern Illinois University Law Review
Historically, courts have given great deference to the anatomical scent detectors from which the canine’s heightened sense of smell derives. In 2005, the Supreme Court supported this position and held that a drug detection dog’s sniff did not constitute a search under the Fourth Amendment. The Court partially based its reasoning on the classification of the dog sniff as sui generis. With this holding, courts began admitting evidence of a drug detection dog’s alert to narcotics to constitute the requisite probable cause for an officer’s search. Virtually every circuit allows a canine alert to establish such probable cause by presenting …
"What Hath Hiibel Wrought?": The Constitutionality Of Compelled Self-Identification, Robert A. Hull
"What Hath Hiibel Wrought?": The Constitutionality Of Compelled Self-Identification, Robert A. Hull
Pepperdine Law Review
No abstract provided.
Court Of Appeals Dynamics In The Aftermath Of A Supreme Court Ruling, Stephen L. Wasby
Court Of Appeals Dynamics In The Aftermath Of A Supreme Court Ruling, Stephen L. Wasby
Golden Gate University Law Review
This Article provides an examination of such complex dynamic interaction in the aftermath of the key 1973 border-search case of Almeida-Sanchez v. United States. In that aftermath, the U.S. Court of Appeals for the Ninth Circuit, where that case originated, had to cope with a mix of fast-developing Fourth Amendment law and the uncertain law of retroactivity as well as the effects in the many recently decided or pending appeals stemming from searches of varying intrusiveness at or near the border, at fixed checkpoints, whether permanent or temporary at a given location, or by roving patrols. The resulting question of …
Drawing Lines: Unrelated Probable Cause As A Prerequisite To Early Dna Collection, David H. Kaye
Drawing Lines: Unrelated Probable Cause As A Prerequisite To Early Dna Collection, David H. Kaye
Journal Articles
Swabbing the inside of a cheek has become part of the custodial arrest process in many jurisdictions. The majority view (thus far) is that routinely collecting DNA before conviction (and analyzing it, recording the results, and comparing them to DNA profiles from crime-scene databases) is consistent with Fourth Amendment protections against unreasonable searches and seizures. However, some judges and commentators have argued that DNA sampling in advance of a determination by a judge or grand jury of probable cause for the arrest or charge is unconstitutional. This essay shows that this demand is largely unfounded. Either warrantless, suspicionless DNA collection …
Camreta And Al-Kidd: The Supreme Court, The Fourth Amendment, And Witnesses, Kit Kinports
Camreta And Al-Kidd: The Supreme Court, The Fourth Amendment, And Witnesses, Kit Kinports
Journal Articles
Although few noticed the link between them, two Supreme Court cases decided in the same week last Term, Ashcroft v. al-Kidd and Camreta v. Greene, both involved the Fourth Amendment implications of detaining witnesses to a crime. Al-Kidd, an American citizen, was arrested under the federal material witness statute in connection with an investigation into terrorist activities, and Greene, a nine-year-old suspected victim of child abuse, was seized and interrogated at school by two state officials. The opinions issued in the two cases did little to resolve the constitutional issues that arise in witness detention cases, and in fact …
Predictive Policing And Reasonable Suspicion, Andrew Ferguson
Predictive Policing And Reasonable Suspicion, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
Predictive policing is a new law enforcement strategy to reduce crime by predicting criminal activity before it happens. Using sophisticated computer algorithms to forecast future events from past crime patterns, predictive policing has become the centerpiece of a new smart-policing strategy in several major cities. The initial results have been strikingly successful in reducing crime.This article addresses the Fourth Amendment consequences of this police innovation, analyzing the effect of predictive policing on the concept of reasonable suspicion. This article examines predictive policing in the context of the larger constitutional framework of “prediction” and the Fourth Amendment. Many aspects of current …
Bringing Clarity To Administrative Search Doctrine: Distinguishing Dragnets From Special Subpopulation Searches, Eve Brensike Primus
Bringing Clarity To Administrative Search Doctrine: Distinguishing Dragnets From Special Subpopulation Searches, Eve Brensike Primus
Articles
Anyone who has been stopped at a sobriety checkpoint, screened at an international border, scanned by a metal detector at an airport or government building, or drug tested for public employment has been subjected to an administrative search or seizure. Searches of public school students, government employees, and probationers are characterized as administrative, as are business inspections and-increasingly-wiretaps and other searches used in the gathering of national security intelligence. In other words, the government conducts thousands of administrative searches every day. None of these searches requires either probable cause or a search warrant. Instead, courts evaluating administrative searches need only …
Anonymous Tips Alleging Drunk Driving: Why "One Free Swerve" Is One Too Many, James Michael Scears
Anonymous Tips Alleging Drunk Driving: Why "One Free Swerve" Is One Too Many, James Michael Scears
Oklahoma Law Review
No abstract provided.