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Community Caretaking Exception Saves Lives . . . The Supreme Court Disagrees, Gabriella Lorenzo Jan 2024

Community Caretaking Exception Saves Lives . . . The Supreme Court Disagrees, Gabriella Lorenzo

Touro Law Review

As many are aware, the Fourth Amendment protects the people against unreasonable searches and seizures. A warrant is necessary for said activities. While there are a few exceptions to the warrant requirement, the Supreme Court recently held that the community caretaking exception does not extend to the home. Extending this exception to the home would allow police officers to enter and engage in functions that are unrelated to the investigation of a crime. Essentially, this exception would allow police to aid individuals and prevent serious, dangerous situations to protect the community. This Note discusses why the Supreme Court erred in …


Is There A Fundamental Right To Privacy When An Educational Institution Requires A Student To Disclose Proof Of His Or Her Vaccination Status?, Mary D. Fatscher Jan 2023

Is There A Fundamental Right To Privacy When An Educational Institution Requires A Student To Disclose Proof Of His Or Her Vaccination Status?, Mary D. Fatscher

Touro Law Review

In 2020, the coronavirus disease (“COVID-19”) dominated the world. Although the public has progressively become more informed about the disease and how to safeguard itself, challenges persist as there is still much unknown. Aside from wearing masks, social distancing, and despite its undetermined consequences, the COVID-19 vaccination has emerged as a primary solution to substantially reducing the incidence and severity of the virus in our country. Many COVID-19 vaccine mandates were initiated once three pharmaceutical and biotechnology companies including Pfizer-BioNTech, Moderna, and Johnson & Johnson received Emergency Use Authorization from the Food and Drug Administration (“FDA”).


Monasky’S Totality Of Circumstances Is Vague – The Child’S Perspective Should Be The Main Test, Sabrina Salvi Jan 2022

Monasky’S Totality Of Circumstances Is Vague – The Child’S Perspective Should Be The Main Test, Sabrina Salvi

Touro Law Review

After decades of confusion, the Supreme Court ruled on child custody in an international setting in Monasky v. Taglieri, by attempting to establish the definition of a child’s “habitual residence.” The Court held that a child’s “residence in a particular country can be deemed ‘habitual, however, only when her residence there is more than transitory.’” Further, the Court stated that, ‘“[h]abitual’ implies customary, usual, of the nature of a habit.”’ However, the Supreme Court’s ruling remains unclear. The 1980 Hague Convention on the Civil Aspects of International Child Abduction (“HCCAICA” or “The Hague Convention”), which is adopted in ninety-eight …


In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis Jan 2020

In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis

Touro Law Review

No abstract provided.


A New Era: Digital Curtilage And Alexa-Enabled Smart Home Devices, Johanna Sanchez Jan 2020

A New Era: Digital Curtilage And Alexa-Enabled Smart Home Devices, Johanna Sanchez

Touro Law Review

No abstract provided.


Exigent Circumstances And Searches Incident To Arrest In New York: The Difficulties And Distinctions, Kyle Knox Jan 2018

Exigent Circumstances And Searches Incident To Arrest In New York: The Difficulties And Distinctions, Kyle Knox

Touro Law Review

No abstract provided.


The Fourth Amendment And Driving While Intoxicated: When Does A Police Officer Need A Warrant ?, Marra Kassman Jan 2017

The Fourth Amendment And Driving While Intoxicated: When Does A Police Officer Need A Warrant ?, Marra Kassman

Touro Law Review

No abstract provided.


Ithink My Electronic Data Is Secure, But Is It: A Constitutional Analysis Of In Re The Search Of An Apple Iphone, Shira Bloom Jan 2017

Ithink My Electronic Data Is Secure, But Is It: A Constitutional Analysis Of In Re The Search Of An Apple Iphone, Shira Bloom

Touro Law Review

No abstract provided.


Stingrays, Triggerfish, And Hailstroms, Oh My: The Fourth Amendment Implications Of The Increasing Government Use Of Cell-Site Simulators, Jenna Jonassen Jan 2017

Stingrays, Triggerfish, And Hailstroms, Oh My: The Fourth Amendment Implications Of The Increasing Government Use Of Cell-Site Simulators, Jenna Jonassen

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams Apr 2016

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky Apr 2016

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya Apr 2016

Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya

Touro Law Review

No abstract provided.


Family Court, Seneca County, In Re Kaufman, Edward Callaghan Mar 2016

Family Court, Seneca County, In Re Kaufman, Edward Callaghan

Touro Law Review

No abstract provided.


County Court, Monroe County, People V. Reynolds, Jill Weinberg Mar 2016

County Court, Monroe County, People V. Reynolds, Jill Weinberg

Touro Law Review

No abstract provided.


Third Department, Rossi V. City Of Amsterdam, Aron Rattner Mar 2016

Third Department, Rossi V. City Of Amsterdam, Aron Rattner

Touro Law Review

No abstract provided.


First Department, People V Robinson, Courtney Blakeslee Mar 2016

First Department, People V Robinson, Courtney Blakeslee

Touro Law Review

No abstract provided.


Supreme Court, New York County, Kellogg V. Travis, Donna A. Napolitano Mar 2016

Supreme Court, New York County, Kellogg V. Travis, Donna A. Napolitano

Touro Law Review

No abstract provided.


Supreme Court, Kings County, People V. Ortiz, Robert Kronenberg Mar 2016

Supreme Court, Kings County, People V. Ortiz, Robert Kronenberg

Touro Law Review

No abstract provided.


Supreme Court, Kings County, People V. Butler, Robert B. Kronenberg Mar 2016

Supreme Court, Kings County, People V. Butler, Robert B. Kronenberg

Touro Law Review

No abstract provided.


Court Of Appeals, People V. Robinson, Jonathan Janofsky Mar 2016

Court Of Appeals, People V. Robinson, Jonathan Janofsky

Touro Law Review

No abstract provided.


Terry And Beyond: Testing The Underlying Assumption Of Reasonable Suspicion, Illya D. Lichtenberg, Alisa Smith, Michael Copeland Mar 2016

Terry And Beyond: Testing The Underlying Assumption Of Reasonable Suspicion, Illya D. Lichtenberg, Alisa Smith, Michael Copeland

Touro Law Review

No abstract provided.


United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani, Melissa Murphy Mar 2016

United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani, Melissa Murphy

Touro Law Review

No abstract provided.


Much Ado About Some Things: Fourth Amendment Rulings Dominate The Supreme Court’S Criminal Law Decisions In The 2000 Term, William E. Hellerstein Mar 2016

Much Ado About Some Things: Fourth Amendment Rulings Dominate The Supreme Court’S Criminal Law Decisions In The 2000 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


The Big Picture View Of Anonymous Tips From Ordinary People, Amanda M. Dadiego Jan 2016

The Big Picture View Of Anonymous Tips From Ordinary People, Amanda M. Dadiego

Touro Law Review

No abstract provided.


When Does Force Become Excessive?, Taryn Prusinski Aug 2015

When Does Force Become Excessive?, Taryn Prusinski

Touro Law Review

No abstract provided.


Administrative Inspections: The Loophole In The Fourth Amendment, Ryan Nasim Aug 2015

Administrative Inspections: The Loophole In The Fourth Amendment, Ryan Nasim

Touro Law Review

No abstract provided.


Pot In My Backyard: Curtilage Concept Endorsed By The Queens Supreme Court To Suppress Physical Evidence Of Marijuana, Laura J. Mulholland Aug 2015

Pot In My Backyard: Curtilage Concept Endorsed By The Queens Supreme Court To Suppress Physical Evidence Of Marijuana, Laura J. Mulholland

Touro Law Review

No abstract provided.


Fourth Amendment Right To Privacy: When Is It Reasonable To Search A Minor?, Ashley Moruzzi Aug 2015

Fourth Amendment Right To Privacy: When Is It Reasonable To Search A Minor?, Ashley Moruzzi

Touro Law Review

No abstract provided.


Fourth Amendment Inquiries: When Officers Are Not Justified To Approach A Vehicle, Jeremy M. Miller Aug 2015

Fourth Amendment Inquiries: When Officers Are Not Justified To Approach A Vehicle, Jeremy M. Miller

Touro Law Review

No abstract provided.


A “Workplace Exception”: Exploring The Legal Loophole That Allows For Warrantless Gps Tracking Of Government Employees’ Personal Vehicles, Antonia J. Broughton Aug 2015

A “Workplace Exception”: Exploring The Legal Loophole That Allows For Warrantless Gps Tracking Of Government Employees’ Personal Vehicles, Antonia J. Broughton

Touro Law Review

No abstract provided.