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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 Dec 2012

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 Dec 2012

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 Jul 2012

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 Jul 2012

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 Jul 2012

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 Jul 2012

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 Jun 2012

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 Mar 2012

"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 Jan 2012

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 Jan 2012

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 Jan 2012

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 Jan 2012

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 Jan 2012

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 Jan 2012

Anonymous Tips Alleging Drunk Driving: Why "One Free Swerve" Is One Too Many, James Michael Scears

Oklahoma Law Review

No abstract provided.