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1992

Missouri Law Review

Fourth Amendment

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Full-Text Articles in Law

Seizing Fourth Amendment Rights, Kent R. Hopper Apr 1992

Seizing Fourth Amendment Rights, Kent R. Hopper

Missouri Law Review

Protections for criminal defendants and suspects have undergone a steady erosion with the increasing conservatism of the United States Supreme Court. A recent decision illustrates how this trend carries over to undermine the rights of all citizens. This Note focuses on the decision in Florida v. Bostick, and its impact on Fourth Amendment rights. Part III of this Note contains a review of the current status of Fourth Amendment interpretation from the standpoint of both search and seizure. In Part IV, the majority opinion and the dissent are analyzed in turn. Finally, in Part V, the argument is put forward …


Expansion Of The Automobile Exception To The Warrant Requirement: Police Discretion Replaces The Neutral And Detached Magistrate, Steven D. Soden Apr 1992

Expansion Of The Automobile Exception To The Warrant Requirement: Police Discretion Replaces The Neutral And Detached Magistrate, Steven D. Soden

Missouri Law Review

As illegal drug usage continues to be an increasing concern of this country, the United States Supreme Court has lessened Fourth Amendment constraints on law enforcement officials. Because of the nature of drugs (minute amounts are illegal and thus they are easily transported and hidden), the allowable scope of searches is a critical issue in the "war on drugs." Regardless of whether the Court had drugs in mind when it set forth this new rule, it is drug related offenses where this decision will have the visible impact.