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Articles 1 - 30 of 35
Full-Text Articles in Law
Putting Together The Pieces: The Mosaic Theory And Fourth Amendment Jurisprudence Since Carpenter, Ben Vanston
Putting Together The Pieces: The Mosaic Theory And Fourth Amendment Jurisprudence Since Carpenter, Ben Vanston
West Virginia Law Review
No abstract provided.
Warrant Nullification, L. Joe Dunman
Warrant Nullification, L. Joe Dunman
West Virginia Law Review
Police officers execute thousands of search warrants in the United States every year, often looking for drugs in people's homes. Many search warrants are executed by militarized "dynamic entry" teams who violently conduct raids late at night with little or no warning, guns drawn. These raids have killed and injured hundreds of people nationwide-not just suspects but also officers and bystanders. Protests erupt in response, the community divides, and trust in institutions crumbles.
Legislative and executive policy can reduce the violence of search warrant executions, but could there also be a judicial option? This Article explores one such option: nullification. …
Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward
Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward
West Virginia Law Review
When the police violate a suspect’s Fourth Amendment rights, what often follows is the discovery of incriminating evidence. Sometimes the evidence is discovered directly after the Fourth Amendment violation. In other situations, the evidence comes by a more indirect route and may occur long after the original Fourth Amendment violation. Courts struggle when trying to decide if the discovery of this indirectly obtained evidence was caused by the police misconduct. This causal question is important because causality acts as a limiting principle when deciding when to apply the exclusionary rule. A basic view of the exclusionary rule suggests that evidence …
Uncertain Immunity: Assessing Qualified Immunity In The Context Of Post-Arrest Excessive-Force Claims Arising Prior To A Judicial Determination Of Probable Cause, J. Tyler Barton
West Virginia Law Review
No abstract provided.
"23 And Plea": Limiting Police Use Of Genealogy Sites After Carpenter V. United States, Antony Barone Kolenc
"23 And Plea": Limiting Police Use Of Genealogy Sites After Carpenter V. United States, Antony Barone Kolenc
West Virginia Law Review
No abstract provided.
The Stored Communications Act: Property Law Enforcement Tool Or Instrument Of Oppression?, Raymond Boyce
The Stored Communications Act: Property Law Enforcement Tool Or Instrument Of Oppression?, Raymond Boyce
West Virginia Law Review
No abstract provided.
Rethinking The Fourth Amendment In The Age Of Supercomputers, Artificial Intelligence, And Robots, Melanie Reid
Rethinking The Fourth Amendment In The Age Of Supercomputers, Artificial Intelligence, And Robots, Melanie Reid
West Virginia Law Review
In an era of diminishing privacy, the Internet of Things ("loT") has become a consensual and inadvertent tool that undermines privacy protection. The loT, really systems of networks connected to each other by the Internet or other radio-type device, creates consensual mass self-surveillance in such domains as fitness and the Fitbit, health care and heart monitors, "smart" houses and cars, and even "smart" cities. The multiple networks also have created a degree of interconnectivity that has opened up a fire hose of information for companies and governments alike, as well as making it virtually insuperable to live "off the grid" …
Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland
Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland
West Virginia Law Review
No abstract provided.
Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho
Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho
West Virginia Law Review
No abstract provided.
Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger
Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger
West Virginia Law Review
No abstract provided.
Is There A Doctor In The (Station) House?: Reassessing The Constitutionality Of Compelled Dwi Blood Draws Forty-Five Years After Schmerber, Michael A. Correll
Is There A Doctor In The (Station) House?: Reassessing The Constitutionality Of Compelled Dwi Blood Draws Forty-Five Years After Schmerber, Michael A. Correll
West Virginia Law Review
The vast majority of Fourth Amendment jurisprudence of the last century has been dedicated to parsing the physical and in- tangible boundaries of the home, developing the expectation of privacy, and, as of late, exploring the constitutional implica- tions of an increasingly electronic society. In the midst of this development, one major area has quietly fallen by the wayside - the preservation of bodily integrity. As technology has ren- dered the human body an ever-increasing source of crucial evi- dence, the Supreme Court has remained largely silent on the government's power to harvest information through medical procedures. Since the Court's …
What Is "Blowing In The Wind"? Reopening The Exclusionary Rule Debate, John B. Rayburn
What Is "Blowing In The Wind"? Reopening The Exclusionary Rule Debate, John B. Rayburn
West Virginia Law Review
No abstract provided.
An Appeal In Good Faith: Does The Leon Good Faith Exception To The Exclusionary Rule Apply In West Virginia, Matthew A. Nelson
An Appeal In Good Faith: Does The Leon Good Faith Exception To The Exclusionary Rule Apply In West Virginia, Matthew A. Nelson
West Virginia Law Review
No abstract provided.
Wilson, V Layne: Bans Press With Police In The Home, But Leaves Media Ride-Alongs Intact, Kathy A. Brown
Wilson, V Layne: Bans Press With Police In The Home, But Leaves Media Ride-Alongs Intact, Kathy A. Brown
West Virginia Law Review
No abstract provided.
Administrative And Private Searches For Smoking Articles Conducted Pursuant To The Federal Mine Safety And Health Act: Constitutional Considerations, David J. Hardy, Maris E. Mccambley
Administrative And Private Searches For Smoking Articles Conducted Pursuant To The Federal Mine Safety And Health Act: Constitutional Considerations, David J. Hardy, Maris E. Mccambley
West Virginia Law Review
No abstract provided.
Batterers Beware: West Virginia Responds To Domestic Violence With The Probable Cause Warrantless Arrest Statute, Toni L. Harvey
Batterers Beware: West Virginia Responds To Domestic Violence With The Probable Cause Warrantless Arrest Statute, Toni L. Harvey
West Virginia Law Review
No abstract provided.
Drugs, Ideology, And The Deconstitutionalization Of Criminal Procedure, Gerald G. Ashdown
Drugs, Ideology, And The Deconstitutionalization Of Criminal Procedure, Gerald G. Ashdown
West Virginia Law Review
No abstract provided.
California V. Greenwood: A Trashing Of The Fourth Amendment, Richard H. Taylor
California V. Greenwood: A Trashing Of The Fourth Amendment, Richard H. Taylor
West Virginia Law Review
No abstract provided.
The Road To Exclusion Is Paved With Bad Intentions: A Bad Faith Corollary To The Good Faith Exception, Ronald J. Bacigal
The Road To Exclusion Is Paved With Bad Intentions: A Bad Faith Corollary To The Good Faith Exception, Ronald J. Bacigal
West Virginia Law Review
No abstract provided.
The Privacy Interest Of The Fourth Amendment--Does Mapp V. Ohio Protect It Or Pillage It, Dennis C. Sauter
The Privacy Interest Of The Fourth Amendment--Does Mapp V. Ohio Protect It Or Pillage It, Dennis C. Sauter
West Virginia Law Review
No abstract provided.
Search And Seizure--Was The Right Of Privacy Taken To The Cleaners?, Dennis C. Sauter
Search And Seizure--Was The Right Of Privacy Taken To The Cleaners?, Dennis C. Sauter
West Virginia Law Review
No abstract provided.
Constitutional Law--Stop And Frisk--Reasonableness Under The Fourth Amendment, John Michael Anderson
Constitutional Law--Stop And Frisk--Reasonableness Under The Fourth Amendment, John Michael Anderson
West Virginia Law Review
No abstract provided.
Constitutional Law--Prospective Limitation Of Mapp V. Ohio, Menis Elbert Ketchum Ii
Constitutional Law--Prospective Limitation Of Mapp V. Ohio, Menis Elbert Ketchum Ii
West Virginia Law Review
No abstract provided.
Constitutional Law--Unlawful Search And Seizure--Evidence Obtained Thereby Not Admissible In State Courts, John Templeton Kay Jr.
Constitutional Law--Unlawful Search And Seizure--Evidence Obtained Thereby Not Admissible In State Courts, John Templeton Kay Jr.
West Virginia Law Review
No abstract provided.
Constitutional Law--Criminal Law--Evidence--Searches And Seizures--Silver Platter Doctrine Abolished, Esdel Beane Yost
Constitutional Law--Criminal Law--Evidence--Searches And Seizures--Silver Platter Doctrine Abolished, Esdel Beane Yost
West Virginia Law Review
No abstract provided.
Constitutional Law--Search And Seizure--Right Of Privacy Of The Home, A. G. H.
Constitutional Law--Search And Seizure--Right Of Privacy Of The Home, A. G. H.
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, G. H. A.
Admissibility Of Results Of Compulsory Blood Tests To Determine Intoxication, G. W. H. Jr.
Admissibility Of Results Of Compulsory Blood Tests To Determine Intoxication, G. W. H. Jr.
West Virginia Law Review
No abstract provided.
Criminal Law--Procedure--Trial Without A Warrant Before A Justice Of The Peace Held Void, J. L. R.
Criminal Law--Procedure--Trial Without A Warrant Before A Justice Of The Peace Held Void, J. L. R.
West Virginia Law Review
No abstract provided.
Evidence--Obtained By Unlawful Search--Admissibility To Discredit Defendant's Testimony, C. F. S. Jr.
Evidence--Obtained By Unlawful Search--Admissibility To Discredit Defendant's Testimony, C. F. S. Jr.
West Virginia Law Review
No abstract provided.