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Criminal Procedure - Vessels In Inland Waters Are Subject To Suspicionless Boarding - United States V. Villamonte-Marquez, Wallace R. Young Jr.
Criminal Procedure - Vessels In Inland Waters Are Subject To Suspicionless Boarding - United States V. Villamonte-Marquez, Wallace R. Young Jr.
Campbell Law Review
The purpose of this Note is to examine the fourth amendment implications of the holding in Villamonte-Marquez. The Note will examine the Court's treatment of Section 1581(a) under which the search arose, analyze the judicial treatment of the decisions relied on by the Court and criticize the Court's treatment of the "reasonableness" of the governmental intrusion. The Note concludes that because private cabin-boaters have great interests against arbitrary intrusion by officials, cases such as Villamonte-Marquez should be scrutinized more carefully to preserve the protection of the fourth amendment.
Criminal Procedure - Edwards V. Arizona Is Alive But Not Well In North Carolina - State V. Franklin, John Lloyd Coble
Criminal Procedure - Edwards V. Arizona Is Alive But Not Well In North Carolina - State V. Franklin, John Lloyd Coble
Campbell Law Review
The purpose of this note is to analyze the North Carolina Supreme Court's decision in State v. Franklin, in light of the United States Supreme Court's Edwards rule, to show how the North Carolina court deviated from the rule and failed to exclude from trial evidence obtained in violation of defendant's constitutionally protected rights.
Criminal Procedure - Motion For Change Of Venue - In Search Of A Guiding Light - State V. Jerrett, Buxton Sawyer Copeland
Criminal Procedure - Motion For Change Of Venue - In Search Of A Guiding Light - State V. Jerrett, Buxton Sawyer Copeland
Campbell Law Review
This note will analyze the unique circumstances of Jerrett in light of the purposes for a change of venue motion and consider the precendential value, if any, of this case. In addition, the methodology employed by the court will be examined to determine if it provides a sufficient guide to the practicing attorney.
Criminal Procedure - The Role Of The Search Warrant In Fire Investigations - Michigan V. Clifford, Samuel A. Mann
Criminal Procedure - The Role Of The Search Warrant In Fire Investigations - Michigan V. Clifford, Samuel A. Mann
Campbell Law Review
This note will attempt to determine whether the Court was successful in clarifying the doubt concerning the application of the precepts stated in Tyler, or whether the Court may have sown new seeds of confusion in this area.
Criminal Procedure - Removing The Third Option From The Jury - State V. Strickland, Lisa Boutelle Hardin
Criminal Procedure - Removing The Third Option From The Jury - State V. Strickland, Lisa Boutelle Hardin
Campbell Law Review
Prior to the North Carolina Supreme Court's holding in State v. Strickland, the rule governing second degree murder jury instructions in a first degree murder case was clear. In all murder cases in which the prosecution relied on the elements of premeditation and deliberation to prove that first degree murder had been committed, the trial judge was required to submit the issue of second degree murder to the jury. This rule came from the Court's unanimous decision in State v. Harris. The Court adhered to this rule in several later cases until it heard Strickland in 1983. Apparently …
Criminal Procedure - Oliver And The Open Fields Doctrine - Oliver V. United States, T. Michael Godley
Criminal Procedure - Oliver And The Open Fields Doctrine - Oliver V. United States, T. Michael Godley
Campbell Law Review
In examining the vitality of the open fields doctrine, this note will consider the development of the doctrine, the controversy caused by the Katz v. United States opinion, and the Oliver decision itself. Weaknesses in the majority's analysis will be discussed and alternative approaches will be given. According to the Supreme Court in Oliver, open fields are not entitled to fourth amendment protections, nor are expectations of privacy within those fields deemed reasonable.