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Articles 1 - 10 of 10
Full-Text Articles in Law
The Supreme Court And The Illegitimacy Of Lawless Fourth Amendment Policing, Ayesha B. Hardaway
The Supreme Court And The Illegitimacy Of Lawless Fourth Amendment Policing, Ayesha B. Hardaway
Faculty Publications
For more than half a century, documented police brutality has affected communities of color and the American legal system has largely failed to address it. Beginning with Rizzo v. Goode, Supreme Court decisions have allowed local police departments nearly unlimited discretion in their policies and practices. That decision and others demonstrate that the Supreme Court is misaligned with governmental initiated reforms. The Violent Crime Control and Law Enforcement Act of 1994, which allows the U.S. Attorney General and the U.S. Department of Justice (“DOJ”) to investigate law enforcement agencies’ practices and seek injunctive relief against agencies found to have engaged …
'Lonesome Road': Driving Without The Fourth Amendment, Lewis R. Katz
'Lonesome Road': Driving Without The Fourth Amendment, Lewis R. Katz
Faculty Publications
American states and municipalities have so many minor traffic regulations that every time a driver gets behind the wheel of a car he or she is likely to commit multiple violations. The violation of any traffic regulation empowers police officers to stop the vehicle, ticket and, in some states, arrest the motorist. Police are physically unable to stop and ticket, let alone arrest, every motorist committing a traffic violation. Instead, police are vested with unlimited discretion when choosing which motorists to stop, warn, ticket, or arrest. So long as there is probable cause for a traffic violation, courts will not …
The Founders’ Privacy: The Fourth Amendment And The Power Of Technological Surveillance, Raymond Shih Ray Ku
The Founders’ Privacy: The Fourth Amendment And The Power Of Technological Surveillance, Raymond Shih Ray Ku
Faculty Publications
Part I of this Article briefly discusses the history and origins of the Fourth Amendment and its relationship to the doc- trine of separation of powers. Part I argues that the central purpose of the amendment was not to define various aspects of life as private, but to guarantee that the people defined the limits of the executive's surveillance power. Part II then examines the Supreme Court's Fourth Amendment jurisprudence dealing with technology prior to Kyllo, and the problems associated with this jurisprudence. Part II argues that the Supreme Court's framing of the privacy question as whether a new search …
Introduction: Prosecutorial Ethics And The Right To A Fair Trial: The Role Of The Brady Rule In The Modern Criminal Justice System, Lewis R. Katz
Introduction: Prosecutorial Ethics And The Right To A Fair Trial: The Role Of The Brady Rule In The Modern Criminal Justice System, Lewis R. Katz
Faculty Publications
Introduction to the Introduction Symposium: Prosecutorial Ethics and the Right to a Fair Trial: The Role of the Brady Rule in the Modern Criminal Justice System, Cleveland, Ohio, 2007.
Symposium On The Fortieth Anniversary Of Mapp V. Ohio - Forward, Lewis R. Katz
Symposium On The Fortieth Anniversary Of Mapp V. Ohio - Forward, Lewis R. Katz
Faculty Publications
Foreword to the Symposium on the Fortieth Anniversary of Mapp v. Ohio, Cleveland, Ohio, 2001.
Mapp After Forty Years: Its Impact On Race In America, Lewis R. Katz
Mapp After Forty Years: Its Impact On Race In America, Lewis R. Katz
Faculty Publications
No abstract provided.
United States V. Ross: Evolving Standards For Warrantless Searches, Lewis R. Katz
United States V. Ross: Evolving Standards For Warrantless Searches, Lewis R. Katz
Faculty Publications
The purpose of this Article is to examine the Ross decision and its implications for related fourth amendment areas. It will also discuss the automobile exception, the broad scope of warrantless searches, and the possible emergence of a public place-proba
Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz
Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz
Faculty Publications
No abstract provided.
The Automobile Exception Transformed: The Rise Of A Public Place Exemption To The Warrant Requirement, Lewis R. Katz
The Automobile Exception Transformed: The Rise Of A Public Place Exemption To The Warrant Requirement, Lewis R. Katz
Faculty Publications
The Supreme Court in recent years has aggressively pursued restrictions on a person's Constitutional protections from unreasonable searches and seizures. Perhaps no better example exists of the radically changing fourth amendment analysis than the automobile exception to the warrant requirement This exception allows a law enforcement official with probable cause to believe that evidence of a crime is hidden in a vehicle to search that vehicle without obtaining a search warrant This Article explores the genesis and unchecked growth of the automobile exception from a necessary outgrowth of the exigencies of protecting police officers and preventing tampering with evidence, to …
Terry V. Ohio At Thirty: A Revisionist View, Lewis R. Katz
Terry V. Ohio At Thirty: A Revisionist View, Lewis R. Katz
Faculty Publications
In this Article, I suggest that, while the Warren Court provided a needed tool to police, it failed to achieve its stated purpose of tying the practice to the Fourth Amendment reasonableness standard. First, the Court failed to adequately define an "investigatory stop," leading later courts to harden the definition, eliminating the Fourth Amendment from most on-the-street police-citizen encounters. Second, the facts in Terry failed to meet the reasonableness standard Chief Justice Warren purported to apply and which subsequently has been further weakened in later cases. Finally, the decision in Terry failed to strike a meaningful Fourth Amendment balance between …