Law Commons^™

Reasonableness As A Rule: A Paean To Justice O'Connor's Dissent In Atwater V. City Of Lago Vista, Wayne A. Logan

Scholarly Publications

This paper, part of a symposium dedicated to “great” Fourth Amendment dissents, examines Justice Sandra Day O’Connor's dissent in Atwater v. City of Lago Vista (2001), where by a 5-4 vote the Court upheld the constitutionality of warrantless police arrests for non-breach of the peace, fine-only offenses. In addition to rightfully condemning the majority's decision to equate probable cause with constitutional reasonableness, in principle, Justice O’Connor presciently recognized the numerous liberty and privacy-restricting consequences of the outcome for the “everyday lives of Americans.” Atwater, combined with decisions issued before and after it, including Whren v. United States, Devenpeck …

Analysis Of The Arrest Of A Pimp And The Identification Of A Victim, Donna M. Hughes Dr.

Donna M. Hughes

Searching Cell Phones Incident To Arrest: Can Courts And Legislatures Impose Limits On A Bright Line Rule?, Adam M. Gershowitz

Faculty Publications

No abstract provided.

“The U. S. Supreme Court Gets It Right In Arizona V. Gant: Justifications For Rules Protect Constitutional Rights”, Shenequa L. Grey

Shenequa L. Grey

In Arizona v. Gant, 129 S.Ct. 1710 (2009), the United States Supreme Court recently revisited the search of an arrestee’s vehicle pursuant to the “search incident to a lawful arrest” exception to the warrant requirement. The Court held that police may search a vehicle incident to a recent occupant's arrest only if: (1) the arrestee is within reaching distance of the passenger compartment at the time of the search; or (2) if it is reasonable to believe the vehicle contains evidence of the offense of arrest. This decision resolved long debated issues regarding the applicability of this exception as it …