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The Scope Of Police Questioning During A Routine Traffic Stop: Do Questions Outside The Scope Of The Original Justification For The Stop Create Impermissible Seizures If They Do Not Prolong The Stop? , Bill Lawrence
Fordham Urban Law Journal
The issue this Note addresses is whether a police officer, during a routine traffic stop, violates a person's Fourth Amendment rights when the officer's questions stray from the original reason for the stop. Resolution of the issue pits privacy concerns against the state's interest in effective law enforcement. With circuits split over the issue, and the Supreme Court not yet plainly ruling on it, this Note aims to provide a narrow solution to the problem.Part I explains the Fourth Amendment reasonableness standard and discusses the line of Supreme Court cases from Terry v. Ohio14 to Florida v. Bostick 5 that …
Dna Fingerprinting And The Need For A National Data Base, Joann Marie Longobardi
Dna Fingerprinting And The Need For A National Data Base, Joann Marie Longobardi
Fordham Urban Law Journal
DNA fingerprinting, at the time of publication a new concept, has dramatic implications in both the civil and criminal contexts. The author argues that a national DNA data base should be created. He contends that a DNA data base would be a powerful tool for law enforcement as well as defense attorneys, and that the danger to privacy rights is outweighed by the benefits to society. The author argues that taking DNA is neither invasive nor does it provide substantive information to the authorities. In sum, the author states that a national DNA data base with sufficient safeguards should be …
"Wrong But Reasonable": The Fourth Amendment Particularity Requirement After United States V. Leon, Martha Applebaum
"Wrong But Reasonable": The Fourth Amendment Particularity Requirement After United States V. Leon, Martha Applebaum
Fordham Urban Law Journal
This Note analyzes the application of the good-faith exception to search warrant particularity violations under the Fourth Amendment. The question compelled by United States v. Leon and Massachusetts v. Sheppard is when, if ever, a particularity-defective warrant will sustain an officer's "reasonable reliance.'' The Note briefly discusses how "particularity" traditionally has been assessed under the fourth amendment. The author examines the Supreme Court's holding in Massachusetts v. Sheppard, and contrasts several circuit court cases that have applied Sheppard's "objectively reasonable" standard of good faith to warrants involving particularity defects. Finally, the Note concludes that the approach taken by the Second …
Public School Drug Searches: Toward Redefining Fourth Amendment "Reasonableness" To Include Individualized Suspicion, Jill I. Braverman
Public School Drug Searches: Toward Redefining Fourth Amendment "Reasonableness" To Include Individualized Suspicion, Jill I. Braverman
Fordham Urban Law Journal
Incidents of illegal drug use' and violent crime plague public school authorities across the nation. As narcotics and weapons appear on school campuses, school officials seek to conduct searches of students' lockers, property, and persons for contraband or prohibited weapons. Public school authorities justify their actions by stating that since the state requires children to attend school, the state retains a compelling interest, if not an affirmative duty, in ensuring that the school environment remain free of illegal substances which might present safety hazards to teachers or fellow students. The fourth amendment to the United States Constitution was adopted to …