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Full-Text Articles in Law
The Coherence Of Orthodox Fourth Amendment Jurisprudence, Samuel C. Rickless
The Coherence Of Orthodox Fourth Amendment Jurisprudence, Samuel C. Rickless
ExpressO
In the legal academy it is widely believed that the U.S. Supreme Court's orthodox (post-Katz, pre-Houghton) fourth amendment jurisprudence is theoretically incoherent. In particular, the Court has been criticized (on doctrinal and textual grounds) for accepting (i) Justice Harlan's definition of a "search" as an infringement of a subjective expectation of privacy that society is prepared to recognize as reasonable, (ii) the Warrant Requirement and Probable Cause Requirement (according to which searches and seizures without a warrant or probable cause are presumptively unreasonable), and (iii) the Exclusionary Rule (according to which any evidence obtained in violation of a person’s fourth …
The Need For Comity: A Proposal For Federal Court Review Of Suppression Issues In The Dual Sovereignty Context After The Antiterrorism And Effective Death Penalty Act Of 1996, Carrie M. Bowden
Washington and Lee Law Review
No abstract provided.
In Defense Of The Search And Seizure Exclusionary Rule (Law And Truth - The Twenty-First Annual National Student Federalist Society Symposium On Law And Public Policy - 2002), Yale Kamisar
Articles
think Dean Pye's advice about casebook writing was sound,6 and what he had to say also applies to discussions and debates about such issues as the search and seizure exclusionary rule. We cannot (at least we should not) begin with Mapp v. Ohio. We need a prelude.
Comments On "The Need For Comity", James P. Jones
Comments On "The Need For Comity", James P. Jones
Washington and Lee Law Review
No abstract provided.