Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Evidence (2)
- Fourth Amendment (2)
- Fourth amendment (2)
- Supreme Court (2)
- Admissibility (1)
-
- Confessions (1)
- Custodial interrogations (1)
- Exclusionary rule (1)
- Federal courts (1)
- Federalism (1)
- Fifth Amendment (1)
- Gideon v. Wainwright (1)
- Government surveillance (1)
- James Otis (1)
- Judicial power (1)
- Litigation (1)
- Mapp v. Ohio (1)
- Privacy (1)
- Procedure (1)
- Search and Seizure (1)
- Search and seizure (1)
- Search warrants (1)
- Searches (1)
- Searches and Seizures (1)
- Seizures (1)
- Sixth Amendment (1)
- Supression Hearings (1)
- Terrorism (1)
- Transaction surveillance (1)
- United States Constitution 4th Amendment (1)
Articles 1 - 12 of 12
Full-Text Articles in Law
Using Suppression Hearing Testimony To Prove Good Faith Under United States V. Leon, John E. Taylor
Using Suppression Hearing Testimony To Prove Good Faith Under United States V. Leon, John E. Taylor
Law Faculty Scholarship
No abstract provided.
Fourth Amendment Federalism? The Court's Vacillating Mistrust And Trust Of State Search And Seizure Laws, Kathryn R. Urbonya
Fourth Amendment Federalism? The Court's Vacillating Mistrust And Trust Of State Search And Seizure Laws, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
The Continuity Principle, Administrative Constraint, And The Fourth Amendment, Harold J. Krent
The Continuity Principle, Administrative Constraint, And The Fourth Amendment, Harold J. Krent
All Faculty Scholarship
No abstract provided.
Faith-Based Miranda: Why The New Missouri V. Seibert Police Bad Faith Test Is A Terrible Idea, Joelle A. Moreno
Faith-Based Miranda: Why The New Missouri V. Seibert Police Bad Faith Test Is A Terrible Idea, Joelle A. Moreno
Faculty Publications
No abstract provided.
Since When Is Dicta Enough To Trump Fourth Amendment Rights? The Aftermath Of Florida V. J.L., Melanie D. Wilson
Since When Is Dicta Enough To Trump Fourth Amendment Rights? The Aftermath Of Florida V. J.L., Melanie D. Wilson
Scholarly Articles
Unfortunately for individual liberty, and the inestimable right to personal security, the Supreme Court's extraneous language in its otherwise, well-reasoned decision in Florida v. J.L., and the lower federal courts' interpretation of that extraneous language, have jeopardized the Constitutional right to be free from capricious stops and frivolous frisks, both of which necessarily intrude on the sanctity of the person and sometimes "inflict great indignity and arouse strong resentment . . . ." When read logically and narrowly, the J.L. decision holds that an anonymous telephone tip, alone, does not give law enforcement a sufficient legal basis to stop or …
How Earl Warren's Twenty-Two Years In Law Enforcement Affected His Work As Chief Justice, Yale Kamisar
How Earl Warren's Twenty-Two Years In Law Enforcement Affected His Work As Chief Justice, Yale Kamisar
Articles
Before becoming governor of California, Earl Warren had spent his entire legal career, twenty-two years, in law enforcement. Professor Kamisar maintains that this experience significantly influenced Warren's work as a Supreme Court justice and gave him a unique perspective into police interrogation and other police practices. This article discusses some of Warren's experiences in law enforcement and searches for evidence of that experience in Warren's opinions. For example, when Warren was head of the Alameda County District Attorney's Office, he and his deputies not only relied on confessions in many homicide cases but also themselves interrogated homicide suspects. The seeds …
Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky
Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky
All Faculty Scholarship
No abstract provided.
Unconstitutional Courses, Frederic M. Bloom
Unconstitutional Courses, Frederic M. Bloom
Publications
By now, we almost expect Congress to fail. Nearly every time the federal courts announce a controversial decision, Congress issues a call to rein in "runaway" federal judges. And nearly every time Congress makes a "jurisdiction-stripping" threat, it comes to nothing.
But if Congress's threats possess little fire, we have still been distracted by their smoke. This Article argues that Congress's noisy calls have obscured another potent threat to the "judicial Power": the Supreme Court itself. On occasion, this Article asserts, the Court reshapes and abuses the "judicial Power"--not through bold pronouncements or obvious doctrinal revisions, but through something more …
Transaction Surveillance By The Government, Christopher Slobogin
Transaction Surveillance By The Government, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This symposium article is the second of two on regulation of government efforts to obtain recorded information for criminal prosecutions. More specifically, it explores the scope and regulation of "transaction surveillance," which it defines as government attempts to access already existing records, either physically or through data banks, and government efforts to obtain, in real-time or otherwise, "catalogic data" (the identifying signals of a transaction, such as the address of an email recipient). Transaction surveillance is a potent way of discovering and making inferences about a person's activities, character and identity. Yet, despite a bewildering array of statutorily created authorization …
Collapsing Spheres: Joint Terrorism Task Forces, Federalism, And The War On Terror, Susan Herman
Collapsing Spheres: Joint Terrorism Task Forces, Federalism, And The War On Terror, Susan Herman
Faculty Scholarship
No abstract provided.
Patriotic Dissent, Susan Herman
The Fourth Amendment And Terrorism, John Burkoff
The Fourth Amendment And Terrorism, John Burkoff
Articles
The important questions we need to ask and to answer B in the perilous times in which we live B is whether the Fourth Amendment applies in the same fashion not just to run of the mill criminals, but also to terrorists and suspected terrorists, individuals who are committing or who have committed B or who may be poised to commit B acts aimed at the destruction of extremely large numbers of people? Professor Burkoff argues that we can protect ourselves from cataclysmic threats of this sort and still maintain a fair and objective application of Fourth Amendment doctrine that …