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Series

2001

Criminal Law

Florida State University College of Law

Articles 1 - 2 of 2

Full-Text Articles in Law

An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan Jan 2001

An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan

Scholarly Publications

Compared to Fourth Amendment jurisprudence more generally, with its well-earned reputation for complexity and variability, the search incident to arrest exception to the Amendment's warrant requirement would appear an oasis of consistency. The exception affords police an unqualified right to search anyone they arrest, without first obtaining a search warrant from a neutral judicial official. This right extends to the bodies of all arrestees, their area of "immediate control," and, if driving a car, the interior of the car and any containers located therein


The Shadow Criminal Law Of Municipal Governance, Wayne A. Logan Jan 2001

The Shadow Criminal Law Of Municipal Governance, Wayne A. Logan

Scholarly Publications

Although it often escapes attention, municipal governments possess significant authority to enact criminal laws consistent with their expansive home rule and police powers. In this article, Professor Logan explores the numerous ways in which this authority manifests, and reflects upon, several of the main concerns presented by the "shadow criminal law" thereby created. These concerns include the negative practical consequences for individuals and entire communities associated with the proliferation of criminal laws, in which municipalities play a significant part; the specter that such governments will indulge punitive or parochial tendencies; and the pitfalls associated with intra-state diversification of the criminal …