Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 11 of 11
Full-Text Articles in Law
Reconsidering Missouri’S Warrant Suppression Standard, James Sanders
Reconsidering Missouri’S Warrant Suppression Standard, James Sanders
Missouri Law Review
The search warrant is a foundational component of the American criminal justice process. Designed to limit and prevent overreach by police and other law enforcement entities, the framers of the Fourth Amendment of the United States Constitution sought to use warrants as a tool to control the scope and breadth of searches and seizures of private property. The Fourth Amendment’s warrant requirements are a vital check on the proactive and ever-growing police efforts of state and federal authorities.
Check Yes For Checkpoints: Suspicionless Stops And Ramifications For Missouri Motorists, Conner Harris
Check Yes For Checkpoints: Suspicionless Stops And Ramifications For Missouri Motorists, Conner Harris
Missouri Law Review
One of the great advantages of living in a free society is the enjoyment of general privacy and freedom from unwarranted interference in one’s personal affairs. This advantage benefits citizens in both their private and public interactions. For example, it is expected one could drive to the store across town, the mall in a neighboring city, or somewhere on the other side of the country uninterrupted and unhindered. The Fourth Amendment to the United States Constitution codifies this privacy expectation as a right to be enjoyed by all within its reach. Specifically, the Fourth Amendment protects against “unreasonable searches and …
Arrestee Number Two, Who Are You? Suspicionless Dna Testing Of Pre-Trial Arrestees And The Fourth Amendment Implications, Lesley A. Hall
Arrestee Number Two, Who Are You? Suspicionless Dna Testing Of Pre-Trial Arrestees And The Fourth Amendment Implications, Lesley A. Hall
Missouri Law Review
This Note discusses the resolution of that constitutional battle, Maryland v. King, where the U.S. Supreme Court held that DNA testing of pre-trial arrestees was reasonable under the Fourth Amendment as a routine booking procedure. The Court also held that DNA testing’s use for arrestee identification permitted its use as a tool to investigate suspicionless crimes. Part II analyzes the facts and holding of Maryland v. King. Part III discusses Fourth Amendment jurisprudence, including court-established tests used to ascertain whether a particular search is reasonable. Part IV examines the United States Supreme Court’s rationale in King, including Justice Scalia’s dissent, …
Strip Searches Of Students: Addressing The Undressing Of Children In Schools And Redressing The Fourth Amendment Violations, Diana R. Donahoe
Strip Searches Of Students: Addressing The Undressing Of Children In Schools And Redressing The Fourth Amendment Violations, Diana R. Donahoe
Missouri Law Review
This Article exposes the problems created by T.L.O. and its progeny, analyzes the Safford decision, and proposes recommendations for lower courts, legislatures, and local school boards to redress the current strip search crisis in public schools. Part II explains the T.L.O. two-prong test and illustrates the problems the T.L.O. Court and lower courts have had in applying it, specifically in strip search cases. Part III analyzes the Safford opinion and its ramifications. Part IV proposes ways in which lower courts, legislatures, and local school boards can redress the problems created by TL.O. and Saf ford so that officials will no …
Cotenants Trumping Cotenants: The Eighth Circuit Takes A Diverse Stance On Cotenants' Authority Under The Fourth Amendment, Benjamin M. Johnston
Cotenants Trumping Cotenants: The Eighth Circuit Takes A Diverse Stance On Cotenants' Authority Under The Fourth Amendment, Benjamin M. Johnston
Missouri Law Review
Reluctantly, John Adams mailed the envelope addressed to his wife, Abigail, knowing the contents could bring about his death. This letter, mailed to his "dear friend," contained a description of his pleas for independence to the Continental Congress, a description that if located by the British, would most certainly subject him to charges of treason. Immediately after Mr. Adams dispatched his letter, he was approached by a British intelligence officer requesting to review the letter. Mr. Adams denied the officer's request and sent him on his way. Later, when the letter arrived to the unsuspecting Abigail, it was accompanied by …
Is It Hot In Here - The Eighth Circuit's Reduction Of Fourth Amendment Protections In The Home, William E. Marcantel
Is It Hot In Here - The Eighth Circuit's Reduction Of Fourth Amendment Protections In The Home, William E. Marcantel
Missouri Law Review
Several years ago, the United States military developed thermal imaging technology for targeting and reconnaissance purposes which law enforcement agencies subsequently adopted as a means of conducting surveillance in support of counter-narcotics efforts. Police use thermal imaging devices in counter-narcotics operations by scanning buildings and homes in order to determine higher heat emissions from buildings. These higher than normal thermal readings of homes act as indicators of possible marijuana grow operations due to the high output of heat from the indoor lamps commonly used for such activities. Even though a majority of jurisdictions have held that a thermal imaging scan …
Capricious, Even Perverse Policy: Random, Suspicionless Drug Testing Policies In High Schools And The Fourth Amendment, A, Jennifer K. Turner
Capricious, Even Perverse Policy: Random, Suspicionless Drug Testing Policies In High Schools And The Fourth Amendment, A, Jennifer K. Turner
Missouri Law Review
Today's high school students must worry about more than simply writing their next paper or passing their next exam. They must also worry about passing another kind of test - a drug test. Students who fail this test may lose both their privilege to participate in extracurricular activities and their permit to park on campus. Teenage drug use is a national problem that many think is on the rise. A growing number of school districts across the country have responded to this apparent problem by implementing random, suspicionless drug testing (RSDT) programs. RSDT programs test particular groups of students, usually …
Stop In The Name Of That Checkpoint: Sacrificing Our Fourth Amendment Right In Order To Prevent Criminal Activity - State V. Mack, Kathryn L. Howard
Stop In The Name Of That Checkpoint: Sacrificing Our Fourth Amendment Right In Order To Prevent Criminal Activity - State V. Mack, Kathryn L. Howard
Missouri Law Review
With the recent escalation of terrorist attacks against the United States, the prevention of crime in general has become a top priority for most American. A question arises, however, as to what sacrifices to our personal liberties we have to make to effectively prevent criminal activity? As indicated by Missouri Supreme Court’s holding in State v. Mack, the answer may very well be sacrificing our coveted Fourth Amendment right to be free from unreasonable searches and seizures. The United States Supreme Court declared drug checkpoints illegal because they were pursuing general crime control purposes, but Mack seems to find a …
Not-So-Candid Camera, Please: Law Enforcement Officers Violate The Fourth Amendment When The Media Tags Along , Lynn S. Brackman
Not-So-Candid Camera, Please: Law Enforcement Officers Violate The Fourth Amendment When The Media Tags Along , Lynn S. Brackman
Missouri Law Review
The proliferation of television shows such as "Cops" evidences how common it has become for members of the media to accompany law enforcement officers while they perform their daily duties. This recent proliferation has sparked questions as to when the media's involvement in law enforcement impinges on an individual's constitutional rights. The federal courts of appeals have disagreed over whether the Fourth Amendment is violated when the media tags along with law enforcement officers executing a warrant in a private home. In Wilson v. Layne and Hanlon v. Berger, the United States Supreme Court settled the debate over this issue …
Prospective Limitation Of Constitutional Decisions In Criminal Cases, John F. Dobbyn
Prospective Limitation Of Constitutional Decisions In Criminal Cases, John F. Dobbyn
Missouri Law Review
In 1965, the Supreme Court was impelled by circumstances of its own making to launch itself on the uncharted course of prospective limitation of its decisions in the field of constitutional rights of the criminal defendant. The evolution of that principle, through the cases that followed its inception in Linkletter v. Walker, provides an interesting chapter in the evolution of the Court itself, with serious implications concerning the Court's relative position in a constitutionally constructed system of government. While Linkletter gave birth to the device of prospective application of constitutional decisions, it was inevitably conceived some four years earlier in …
Standing To Object To Unreasonable Search And Seizure, Jill Bredeman Steps
Standing To Object To Unreasonable Search And Seizure, Jill Bredeman Steps
Missouri Law Review
In 1960, the Supreme Court decided Jones v. United States, the first full discussion of standing in a search and seizure case. That case declared that, in order to qualify as a "person aggrieved" by an unlawful search and seizure, one must have been the victim of a search and seizure, and that same person must be the one against whom the search was directed (as distinguished from one who was prejudiced only through the use of the evidence gathered as a result of a search and seizure directed at someone else). Thus, Jones changed the requirement as to the …