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Full-Text Articles in Law
The Need For Judicial Restriction On The Use Of Drug Detecting Canines, William R. Pomeroy
The Need For Judicial Restriction On The Use Of Drug Detecting Canines, William R. Pomeroy
Akron Law Review
The purpose of this comment is to examine these issues, outline the conflicting positions, and attempt to forecast the direction the courts may take in their effort to bring some harmony to this unsettled (and to some, unsettling) area of law. Few people would attempt to deny law enforcement officials the use of this highly effective and relatively unintrusive law enforcement tool. Yet there are those who fear that the unsettled questions concerning limits on the use of this tool may lead to serious abuse, and who raise the specter of unlimited government intrusion should this type of investigatory activity …
Bad News: Privacy Ruling To Increase Press Litigation, The Florida Star V. B.J.F., Mary Ellen Hockwalt
Bad News: Privacy Ruling To Increase Press Litigation, The Florida Star V. B.J.F., Mary Ellen Hockwalt
Akron Law Review
This note analyzes the history and precedent upon which the Court relied in reaching Florida Star's "harsh outcome." Next, the note discusses how the Court, by refusing to extend its holding beyond the facts of the case and give broad Constitutional protection to publications of truth, failed to provide lower courts with any guidance in deciding future invasion of privacy actions. Finally, the note examines the Court's balancing test: weighing the privacy interests of a crime victim against the newspaper's freedom to print truthful information.
Has The Replacement Of "Probable Cause" With "Reasonable Suspicion" Resulted In The Creation Of The Best Of All Possible Worlds?, Robert Berkley Harper
Has The Replacement Of "Probable Cause" With "Reasonable Suspicion" Resulted In The Creation Of The Best Of All Possible Worlds?, Robert Berkley Harper
Akron Law Review
Police officers sometimes need flexibility to respond appropriately to a variety of factual situations confronting them in street encounters. It is a huge task to promulgate a set of rules which will be flexible enough to cope with the enormous variations in police-citizen encounters, but which at the same time, the police can easily and effectively apply. It is not the purpose of this article to criticize the court's efforts in this area. It is the purpose of this article to evaluate investigatory stops by police officers as they perform their duties with this lesser standard than probable cause. The …
Wilson V. Arkansas: Thirty Years After The Supreme Court Addresses The Knock And Announce Issue, Todd Witten
Wilson V. Arkansas: Thirty Years After The Supreme Court Addresses The Knock And Announce Issue, Todd Witten
Akron Law Review
This Note will initially discuss the historical background of the knock and announce principle and its evolution from the English common law. Next, the Note will address the facts and the holdings of Wilson, in the lower courts and the Supreme Court. Finally, the Note will analyze the Wilson decision and its precedential value.
Two Wrongs Don't Make A Fourth Amendment Right: Samson Court Errs In Choosing Proper Analytical Framework, Errs In Result, Parolees Lose Fourth Amendment Protection, Rachael A. Lynch
Akron Law Review
This Note will follow the Fourth Amendment from its origins to its modern application to parolee rights, as evidenced by the Samson Court. Part II focuses on the Fourth Amendment, from the circumstances surrounding its adoption to modern court cases that have applied its tenets to prisoners, probationers, and, finally, parolees. Part III details the Supreme Court’s decision in Samson v. California, including a thorough discussion of the facts that gave rise to the case and lower court decisions. Part IV explores the problems with the Court’s framework and suggests other possible frameworks the Court could have used to come …