Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Mapp V. Ohio's Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby
Mapp V. Ohio's Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby
Articles
No abstract provided.
Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas
Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas
Articles
The threat of future terrorist attacks has sped the proliferation of random, suspicionless searches and seizures, such as those now made of New York City subway riders. Courts assess the legality of such searches with an inherently flawed balancing test developed to assess searches and seizures made without "probable cause." Although scholars and Justices alike have decried the resort to balancing individual interests against the government's need to search, no alternative framework has been proposed. This Article proposes a more principled, objective inquiry for determining when suspicionless searches can be made. To eliminate the need for balancing, this Article advances …
Protecting The Citizen Whilst He Is Quiet: Suspicionless Searches, Special Needs And General Warrants, Scott E. Sundby
Protecting The Citizen Whilst He Is Quiet: Suspicionless Searches, Special Needs And General Warrants, Scott E. Sundby
Articles
No abstract provided.
A Return To Fourth Amendment Basics: Undoing The Mischief Of Camara And Terry, Scott E. Sundby
A Return To Fourth Amendment Basics: Undoing The Mischief Of Camara And Terry, Scott E. Sundby
Articles
No abstract provided.