Law Commons^™

Reconciling Consent Searches And Fourth Amendment Jurisprudence: Incorporating Privacy Into The Test For Valid Consent Searches, David J. Housholder

Vanderbilt Law Review

The Fourth Amendment states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Perhaps the most significant exception to the requirements of the Fourth Amendment is the consent search, which requires no warrant, exigent circumstances, probable cause, or reasonable suspicion.

Some scholars have suggested that the Supreme Court's voluntariness standard for determining consensual searches misperceives …

The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas

Vanderbilt Law Review

On March 11, 2004, terrorists affiliated with the Al Qaida networkl detonated bombs on four commuter trains in Madrid, Spain, killing 191 people and injuring 2,000 others. Hours later, the Spanish National Police (SNP) recovered a fingerprint from a bag of detonators found in a stolen van parked at a station from which three of the bombed trains departed. The SNP requested assistance from the United States Federal Bureau of Investigation to identify the owner of the print. FBI experts concluded that the print belonged to Brandon Mayfield, a U.S. citizen living in a suburb of Portland, Oregon, and the …