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Series

Criminal Procedure

1984

Police

Articles 1 - 2 of 2

Full-Text Articles in Law

Gates, 'Probable Cause', 'Good Faith', And Beyond, Yale Kamisar Jan 1984

Gates, 'Probable Cause', 'Good Faith', And Beyond, Yale Kamisar

Articles

Illinois v. Gates1 was the most eagerly awaited constitutional-criminal procedure case of the 1982 Term. I think it fair to say, however, that it was awaited a good deal more eagerly by law enforcement officials and the Americans for Effective Law Enforcement than by defense lawyers and the American Civil Liberties Union. As it turned out, of course, the Gates Court, to the disappointment of many, did not reach the question whether the exclusionary rule in search and seizure cases should be modified so as not to require the exclusion of evidence obtained in violation of the fourth amendment when …


Miranda: The Case, The Man, And The Players, Yale Kamisar Jan 1984

Miranda: The Case, The Man, And The Players, Yale Kamisar

Reviews

On the eve of America's bicentennial, the American Bar Association told its members of a plan to publish a book about the "milestone events" in 200 years of American legal history, and invited them to vote on the milestones to be included. When the balloting was over, Miranda v. Arizona1 - "the high-water mark" of the Warren Court's revolution in American criminal procedure2 - had received the fourth highest number of votes.3 I venture to say that if members of the general public had been asked to list the "most regrettable" or "most unfortunate" milestones in American legal history, Miranda …