Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Constitution (10)
- 1992) (8)
- Federal (8)
- N.Y. Constitutional Article I (8)
- New York State (8)
-
- Supreme Court (8)
- U.S. Const. amend. IV (8)
- § 12 (8)
- Search & Seizure (7)
- Defendant (5)
- Appellate Division (4)
- Court of Appeals (4)
- Fourth amendment (4)
- Evidence (3)
- Police (3)
- Probable cause (3)
- Reasonable suspicion (3)
- Searches (3)
- Searches and Seizures (3)
- Warrant (3)
- Warrantless (3)
- Consent (2)
- Constitutional (2)
- Criminality (2)
- Detention (2)
- Informant (2)
- Nexus (2)
- Seizures (2)
- Suppress (2)
- Suspicion (2)
- Publication
- Publication Type
Articles 1 - 23 of 23
Full-Text Articles in Law
Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans
Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans
Law Faculty Scholarship
[Excerpt] "In recent years, law enforcement officials have honed a new technique for fighting the "War on Drugs:" the suspicionless police sweep of stations and vehicles involved in interstate mass transportation. Single officers or groups of officers approach unfortunate individuals in busses, trains, stations and airline terminals. A targeted traveller is requested to show identification and tickets, explain the purpose of his or her travels, and finally, at times, to consent to a luggage search. As long as "a reasonable person would understand that he or she could refuse to cooperate," the encounter between the law-enforcement official and the traveller …
The Central Meaning Of The Fourth Amendment, Tracey Maclin
The Central Meaning Of The Fourth Amendment, Tracey Maclin
William & Mary Law Review
No abstract provided.
Lords Of Lash, Loom, And Law: Justice Story, Slavery, And Prigg V. Pennsylvania, Barbara Holden-Smith
Lords Of Lash, Loom, And Law: Justice Story, Slavery, And Prigg V. Pennsylvania, Barbara Holden-Smith
Cornell Law Faculty Publications
No abstract provided.
Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson
Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson
Faculty Publications
Miranda only protects suspects who the police subject to custodial interrogation. The concept of custody is tethered to the Fifth Amendment privilege against self-incrimination; thus, to render a suspect in custody, law enforcement officials must subject the suspect to a compelling environment that tends to undermine that privilege. In this article, Professor Richard A. Williamson examines the application of Miranda to Terry stops. He reviews the impact of the Beheler and Berkemer decisions, which held that suspects who officials stop based on reasonable suspicion, as opposed to suspects who officials arrest, are not entitled to Miranda warnings. Professor Williamson generally …
Constitutional Law—Punitive Damages—Arkansas' Common Law Method Of Awarding Punitive Damages May Violate Due Process. Viking Insurance Co. V. Jester, 310 Ark. 317, 836 S.W.2d 371 (1992)., Penny Brown Wilbourn
Constitutional Law—Punitive Damages—Arkansas' Common Law Method Of Awarding Punitive Damages May Violate Due Process. Viking Insurance Co. V. Jester, 310 Ark. 317, 836 S.W.2d 371 (1992)., Penny Brown Wilbourn
University of Arkansas at Little Rock Law Review
No abstract provided.
Resources And Rights: Towards A New Prototype Of Criminal Representation, Laura Gardner Webster
Resources And Rights: Towards A New Prototype Of Criminal Representation, Laura Gardner Webster
Mercer Law Review
A comprehensive concern in recent criminal procedure decisions in the United States Supreme Court has been the apprehension that certain rights afforded to the accused detract from efficient law enforcement. Efficiency in controlling crime and obtaining accurate verdicts is preferred over the recognition of rights which impede that process. This model of the purposes of the criminal justice system has its origins in the judicial reluctance to apply the Fourth Amendment exclusionary rule as a means of excluding otherwise probative evidence simply because "the constable blundered."' The problems in Fourth Amendment jurisprudence are well known. As two commentators have observed, …
The Right Of The People To Be Secure, Ronald J. Bacigal
The Right Of The People To Be Secure, Ronald J. Bacigal
Kentucky Law Journal
No abstract provided.
Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager
Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager
Faculty Scholarship
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.
"Accidental" Shootings As Fourth Amendment Seizures, Kathryn R. Urbonya
"Accidental" Shootings As Fourth Amendment Seizures, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
Touro Law Review
No abstract provided.
The Right Of The People To Be Secure, Ronald J. Bacigal
The Right Of The People To Be Secure, Ronald J. Bacigal
Law Faculty Publications
Part I of this Article defines searches and seizures of property and person, discussing the Supreme Court's initially broad interpretation of the Fourth Amendment and its subsequent narrowing in later decisions. Part II discusses several police "chase cases" leading up to the elimination of accidental and attempted seizures from Fourth Amendment protection in Brower v. County of Inyo and California v. Hodari D. Part Ill analyzes the Brower decision and its effect on accidental seizures, concluding that the analysis set forth therein should be abolished and advocating an alternate test. Part IV confronts the Court's elimination of attempted seizures from …
Constitutional Law - Bargaining Away Fourth Amendment Rights In Labor Dispute Resolution, Andrew M. Souder
Constitutional Law - Bargaining Away Fourth Amendment Rights In Labor Dispute Resolution, Andrew M. Souder
Villanova Law Review
No abstract provided.
Constitutional Law - Unconstitutional Searches Without Exclusionary Sanctions, Penny S. Indictor
Constitutional Law - Unconstitutional Searches Without Exclusionary Sanctions, Penny S. Indictor
Villanova Law Review
No abstract provided.
The Right To Privacy In The Pennsylvania Constitution, Seth F. Kreimer
The Right To Privacy In The Pennsylvania Constitution, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
The Central Meaning Of The Fourth Amendment, Tracey Maclin
The Central Meaning Of The Fourth Amendment, Tracey Maclin
UF Law Faculty Publications
No abstract provided.