Law Commons^™

Strip Searches Of Students: Addressing The Undressing Of Children In Schools And Redressing The Fourth Amendment Violations, Diana R. Donahoe

Missouri Law Review

This Article exposes the problems created by T.L.O. and its progeny, analyzes the Safford decision, and proposes recommendations for lower courts, legislatures, and local school boards to redress the current strip search crisis in public schools. Part II explains the T.L.O. two-prong test and illustrates the problems the T.L.O. Court and lower courts have had in applying it, specifically in strip search cases. Part III analyzes the Safford opinion and its ramifications. Part IV proposes ways in which lower courts, legislatures, and local school boards can redress the problems created by TL.O. and Saf ford so that officials will no …

Conclude To Exclude: The Exclusionary Rule's Role In Civil Forfeiture Proceedings, Daniel W. Kaminski

Seventh Circuit Review

The United States Supreme Court established the exclusionary rule in order to deter law enforcement officers from conducting illegal searches and seizures. By excluding illegally seized evidence, the Court looked to provide American citizens with a remedy to uphold their Fourth Amendment rights. Traditionally, the exclusionary rule excluded only illegally obtained evidence in criminal proceedings. In One 1958 Plymouth Sedan v. Commonwealth of Pennsylvania, however, the Court applied the exclusionary rule to civil forfeiture proceedings because the forfeiture statute was quasi-criminal in nature: like a criminal proceeding, its object was to penalize the commission of an offense.

The forfeiture …

Let's Be Reasonable: Fourth Amendment Principles In The Digital Age, Scott D. Blake

Seventh Circuit Review

The expansion of computers in American society has led to new developments in Fourth Amendment doctrine. Just like every other American, criminals use computers, which requires law enforcement to search and seize computers. Frequently, an executing officer inadvertently discovers computer files with illegal content that are outside the scope of the original warrant. Reasoning that traditional Fourth Amendment doctrine does not provide sufficient protection in a digital age, two federal circuits have crafted alternative approaches that deviate from it. However, the Seventh Circuit, in United States v. Mann, has continued to apply the traditional principles of Fourth Amendment doctrine …

Issue 4: Table Of Contents

University of Richmond Law Review

No abstract provided.

Instrumentalizing Jurors: An Argument Against The Fourth Amendment Exclusionary Rule, Todd E. Pettys

Fordham Urban Law Journal

In this symposium contribution, I contend that the application of the Fourth Amendment exclusionary rule in cases tried by juries raises troubling moral issues that are not present when a judge adjudicates a case on his or her own. Specifically, I argue that the exclusionary rule infringes upon jurors’ deliberative autonomy by depriving them of available evidence that rationally bears upon their verdict and by instrumentalizing them in service to the Court’s deterrence objectives. After considering ways in which those moral problems could be at least partially mitigated, I contend that the best approach might be to abandon the exclusionary …

Introduction To Symposium: The Future Of The Exclusionary Rule And The Aftereffects Of The Herring And Hudson Decisions, Barry Kamins

Fordham Urban Law Journal

This article is an introduction the symposium, "The Future of the Exclusionary Rule and the Aftereffects of the Herring and Hudson Decisions," hosted by the Fordham Urban Law Journal. The symposium explored the effects of the Supreme Court’s decisions in Herring v. United States and Hudson v. Michigan—what the Supreme Court will do with the Rule in the future, as well as varying interpretations of what the Supreme Court should do. The federal exclusionary rule, which is approaching its 100th anniversary, was extended to the states almost fifty years ago by the Supreme Court in its landmark decision of Mapp …