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Berkemer Revisited: Uncovering The Middle Ground Between Miranda And The New Terry, Michael J. Roth
Berkemer Revisited: Uncovering The Middle Ground Between Miranda And The New Terry, Michael J. Roth
Fordham Law Review
Over the past twenty-five years, appellate courts have significantly expanded the scope of police authority to stop and frisk potential suspects without probable cause, a power originally granted to law enforcement by the Supreme Court in Terry v. Ohio. This development has led Terry’s once limited licensing of police searches to run into conflict with a defendant’s right against compulsory self-incrimination while in police custody, as articulated by Miranda v. Arizona. This Note explores the contours of this unforeseen collision between two core constitutional doctrines and the solutions generated by appellate courts to resolve the conflict. Courts today are generally …
Third-Party Consent Searches After Randolph: The Circuit Split Over Police Removal Of An Objecting Tenant, Matthew W. J. Webb
Third-Party Consent Searches After Randolph: The Circuit Split Over Police Removal Of An Objecting Tenant, Matthew W. J. Webb
Fordham Law Review
In Georgia v. Randolph, the U.S. Supreme Court held that, where two occupants of a home disagree over whether to grant police permission to search, the “physically present co-occupant’s stated refusal to permit entry prevails.” Courts are now split, however, over whether police may nevertheless conduct a warrantless search with the consent of one resident after a co-occupant who expressly denies consent is arrested and removed by the police. This Note examines the rationales of those U.S. courts of appeals that have confronted these circumstances and ultimately concludes that the Supreme Court’s complicated—and sometimes contradictory—Fourth Amendment jurisprudence does not offer …
Protections For Electronic Communications: The Stored Communications Act And The Fourth Amendment, Alexander Scolnik
Protections For Electronic Communications: The Stored Communications Act And The Fourth Amendment, Alexander Scolnik
Fordham Law Review
As e-mail and other forms of electronic communications began becoming widely used, Congress recognized the need to protect these new forms of communication from impermissible intrusion. Unsure whether the flexible approach to determining the extent of Fourth Amendment protections as announced in Katz v. United States would extend to electronic communications, Congress enacted the Electronic Communications Privacy Act (ECPA) to ensure a baseline level of protection. This Note argues that the Fourth Amendment does extend to electronic communications and, therefore, the provisions of the ECPA that allow the government to access certain electronic communications without a search warrant are unconstitutional.