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Articles 1 - 12 of 12
Full-Text Articles in Law
United States V. Leon And Its Ramifications, Robert M. Bloom
United States V. Leon And Its Ramifications, Robert M. Bloom
Robert Bloom
No abstract provided.
The Supreme Court And Its Purported Preference For Search Warrants, Robert M. Bloom
The Supreme Court And Its Purported Preference For Search Warrants, Robert M. Bloom
Robert Bloom
No abstract provided.
People V. Brisendine: Search And Seizure In California , Donald E. Buddenbaum
People V. Brisendine: Search And Seizure In California , Donald E. Buddenbaum
Pepperdine Law Review
No abstract provided.
The Unpredictable Writ - The Evolution Of Habeas Corpus, Brian Wade Uhl
The Unpredictable Writ - The Evolution Of Habeas Corpus, Brian Wade Uhl
Pepperdine Law Review
No abstract provided.
Castle In The Cloud: Modernizing Constitutional Protections For Cloud-Stored Data On Mobile Devices, Mark Wilson
Castle In The Cloud: Modernizing Constitutional Protections For Cloud-Stored Data On Mobile Devices, Mark Wilson
Golden Gate University Law Review
This Comment argues that the current state of Fourth Amendment law vis-à-vis searching cloud-stored documents on a mobile device is untenable. Part I of this Comment defines cloud storage and cloud computing, and it provides background information on the Stored Communications Act (SCA). Part II discusses the intricacies of applying the SCA to computers and email, which is to date the best analog for applying the SCA to cloud computing. Part III details the legislative and judicial solutions to the problems raised by new technology and concludes that, while new legislation is the most desirable response, in the meantime courts …
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
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 …
New Jersey V. T.L.O.: The Supreme Court Severely Limits Schoolchildrens' Fourth Amendment Rights When Being Searched By Public School Officials, Missy Kelly Bankhead
New Jersey V. T.L.O.: The Supreme Court Severely Limits Schoolchildrens' Fourth Amendment Rights When Being Searched By Public School Officials, Missy Kelly Bankhead
Pepperdine Law Review
No abstract provided.
National Treasury Employees Union V. Von Raab—Will The War Against Drugs Abrogate Constitutional Guarantees?, Alyssa C. Westover
National Treasury Employees Union V. Von Raab—Will The War Against Drugs Abrogate Constitutional Guarantees?, Alyssa C. Westover
Pepperdine Law Review
No abstract provided.
Amicus Brief: State V. Glover (Maine Supreme Judicial Court), Adam Lamparello, Charles Maclean
Amicus Brief: State V. Glover (Maine Supreme Judicial Court), Adam Lamparello, Charles Maclean
Adam Lamparello
When law enforcement seeks to obtain a warrantless, pre-arrest DNA sample from an individual, that individual has the right to say “No.” If silence is to become a “badge of guilt,” then the right to silence—under the United States and Maine Constitutions—might become a thing of the past. Allowing jurors to infer consciousness of guilt from a pre-arrest DNA sample violates the Fourth Amendment to the United States and Maine Constitutions.
Students, Security, And Race, Jason P. Nance
Students, Security, And Race, Jason P. Nance
UF Law Faculty Publications
In the wake of the terrible shootings in Newtown, Connecticut, our nation has turned its attention to school security. For example, several states have passed or are considering passing legislation that will provide new funding to schools for security equipment and law enforcement officers. Strict security measures in schools are certainly not new. In response to prior acts of school violence, many public schools for years have relied on metal detectors, random sweeps, locked gates, surveillance cameras, and law enforcement officers to promote school safety. Before policymakers and school officials invest more money in strict security measures, this Article provides …
Random, Suspicionless Searches Of Students' Belongings: A Legal, Empirical, And Normative Analysis, Jason P. Nance
Random, Suspicionless Searches Of Students' Belongings: A Legal, Empirical, And Normative Analysis, Jason P. Nance
UF Law Faculty Publications
This Article provides a legal, empirical, and normative analysis of an intrusive search practice used by schools officials to prevent school crime: random, suspicionless searches of students’ belongings. First, it argues that these searches are not permitted under the Fourth Amendment unless schools have particularized evidence of a weapons or substance problem in their schools. Second, it provides normative considerations against implementing strict security measures in schools, especially when they are applied disproportionately on minority students. Third, drawing on recent restricted data from the U.S. Department of Education’s School Survey on Crime and Safety, it provides empirical findings that raise …
Random, Suspicionless Searches Of Students' Belongings: A Legal, Empirical, And Normative Analysis, Jason P. Nance
Random, Suspicionless Searches Of Students' Belongings: A Legal, Empirical, And Normative Analysis, Jason P. Nance
University of Colorado Law Review
This Article provides a legal, empirical, and normative analysis of an intrusive search practice used by public school officials to prevent school crime: random, suspicionless searches of students' belongings. First, it argues that these searches are not permitted under the Fourth Amendment unless schools have particularized evidence of a substance abuse or weapons problem. Second, it provides a normative evaluation of strict security measures in schools, especially when they are applied disproportionately to minority students. Third, drawing on recent restricted data from the U.S. Department of Education's School Survey on Crime and Safety, this Article provides empirical findings that raise …