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Criminal Law

Touro University Jacob D. Fuchsberg Law Center

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Articles 1 - 2 of 2

Full-Text Articles in Law

Supreme Court, Kings County, People V. Chapman, Kerri Grzymala Nov 2014

Supreme Court, Kings County, People V. Chapman, Kerri Grzymala

Touro Law Review

No abstract provided.


The Death Of Suspicion, Fabio Arcila Jr. Jan 2010

The Death Of Suspicion, Fabio Arcila Jr.

Scholarly Works

This article argues that neither the presumptive warrant requirement nor the presumptive suspicion requirement are correct. Though representative of the common law, they do not reflect the totality of our historic experience, which includes civil search practices. More importantly, modern developments - such as urban life and technological advancements, the rise of the regulatory state, and security concerns post-9/11 - have sufficiently changed circumstances so that these rules are not just unworkable now, they are demonstrably wrong. Worst of all, adhering to them has prevented us from formulating a more coherent Fourth Amendment jurisprudence. A new paradigm confronts us, in …