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Selected Works

Criminal Procedure

2017

Daniel B. Yeager

Articles 1 - 8 of 8

Full-Text Articles in Law

Stubbornness Of Pretexts, Daniel B. Yeager Mar 2017

Stubbornness Of Pretexts, Daniel B. Yeager

Daniel B. Yeager

This Article will reflect on (1) how the Whren v. United States failure to acknowledge what counts as a pretext accounts for the residual confusion as to whether or not Whren really has killed off the pretext argument in constitutional criminal procedure, and (2) the extent to which the Court in Sullivan compounded that failure, which I hope to lightly correct here by distinguishing motives from intentions and then by elaborating the role that each plays, or at least should play, in Fourth Amendment jurisprudence.


Categorical And Individualized Rights- Ordering On Federal Habeas Corpus, Daniel B. Yeager Mar 2017

Categorical And Individualized Rights- Ordering On Federal Habeas Corpus, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.


Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager Mar 2017

Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager

Daniel B. Yeager

This Article is about the misunderstood relationship between the Fourth Amendment and the positive law. It shows how state property law and other expressions of the positive law are more resilient and useful to Fourth Amendment analysis than the Court's decisions of the past three decades recognize.


Categorical And Individualized Rights-Ordering On Federal Habeas Corpus, Daniel B. Yeager Mar 2017

Categorical And Individualized Rights-Ordering On Federal Habeas Corpus, Daniel B. Yeager

Daniel B. Yeager

This Article criticizes the Supreme Court's treatment of both individualized and categorical bases of relief on federal habeas corpus. Part I notes the Court's trend toward trimming the process that is due in criminal and prisoner litigation generally. This trend may explain the drop in process on habeas as well, but generally declining process cannot explain which rights, if any, should survive the decline. That would require our weighting, if not reconciling, accuracy and dignitary norms, which is the subject of Part II. In Part II, I examine Withrow v Williams, a case from the Court's 1992 Term, which, for …


Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager Mar 2017

Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.


Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager Mar 2017

Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.


Overcoming Hiddenness: The Role Of Intentions In Fourth Amendment Analysis, Daniel B. Yeager Mar 2017

Overcoming Hiddenness: The Role Of Intentions In Fourth Amendment Analysis, Daniel B. Yeager

Daniel B. Yeager

This Article rehearses a response to the problems posed to and by the Supreme Court's attempts to work out the meaning and operation of the word "search." After commencing Part II by meditating on the notion of privacy, I take up its relation to the antecedent suspicion or knowledge that Fourth-Amendment law requires as a justification for all privacy invasions. From there, I look specifically at that uneasy relation in Supreme Court jurisprudence, which has come to privilege privacy over property as a Fourth Amendment value. From there, Part III reviews the sources or bases that can tell us what …


Rethinking Custodial Interrogation, Daniel B. Yeager Mar 2017

Rethinking Custodial Interrogation, Daniel B. Yeager

Daniel B. Yeager

This Article attempts to resurrect a concept crucial to the Supreme Court lexicon. It is not, however, a police manual. This Article concerns itself solely with questions surrounding the admissibility of confessions, and in so doing, attempts to show that only a reconsideration of custodial interrogation can restore the "significant deprivations" language to the status granted it in Miranda v. Arizona.