Law Commons^™

On Warrants & Waiting: Electronic Warrants & The Fourth Amendment, Tracy Hresko Pearl

Indiana Law Journal

Police use of electronic warrant (“e-warrant”) technology has increased significantly in recent years. E-warrant technology allows law enforcement to submit, and magistrate judges to review and approve, warrant applications on computers, smartphones, and tablets, often without any direct communication. Police officers report that they favor e-warrants over their traditional, paper counterparts because they save officers a significant amount of time in applying for warrants by eliminating the need to appear in-person before a magistrate. Legal scholars have almost uniformly praised e-warrant technology as well, arguing that use of these systems will increase the number of warrants issued throughout the United …

Frankly, It's A Mess: Requiring Courts To Transparently "Redline" Affidavits In The Face Of Franks Challenges, Diana Bibb

William & Mary Bill of Rights Journal

Part I provides a brief overview of the Fourth Amendment, probable cause, and the exclusionary rule. Part II discusses Franks v. Delaware, the development of the challenge’s framework, and subsequent expansions to the doctrine made by the lower courts. Next, Part III argues that, despite the aforementioned expansions, courts have consistently weakened Franks. Notably, the Supreme Court refuses to consider Franks issues, including the multitude of splits over which standard of review is applicable. Moreover, some circuits have developed their own minute rules that have chiseled away at the effectiveness of a Franks challenge. Part IV proposes that …

A Comparative Examination Of Police Interrogation Of Criminal Suspects In Australia, Canada, England And Wales, New Zealand, And The United States, Carol A. Brook, Bruno Fiannaca, David Harvey, Paul Marcus, Renee Pomerance, Paul Roberts

William & Mary Bill of Rights Journal

The interrogation process is central to the investigation and resolution of criminal matters throughout the world. It is fundamental to a comprehensive understanding of comparative criminal procedure to study and appreciate the different approaches to the interrogation process in different nations. This Article developed through a series of conversations between six international criminal justice professionals— practicing attorneys, scholars, and judges—regarding the interrogation practices and rules in their respective countries. Providing a comparative look at this important area, this Article examines the applicable practices and procedures in the common law nations of Australia, Canada, England and Wales, New Zealand, and the …

A Product Of Childhood: Accounting For Age In The Miranda Analysis, Ariana Rodriguez

Loyola of Los Angeles Law Review

One of the most polarizing areas of constitutional criminal procedure is that relating to police interrogations and confessions. While the Fifth Amendment guarantees a number of protections from self-incrimination and the inherently coercive nature of criminal investigation, these Constitutional promises are more likely to go unfulfilled when the accused is a child. This Article thoroughly examines the current law’s use of the “totality of the circumstances” test in deciding whether a valid Miranda waiver occurred or whether a juvenile has been taken into custody and, more importantly, explores why this current test remains an inadequate solution for protecting children’s Miranda …

Prosecutorial Ventriloquism: People V. Tom And The Substantive Use Of Post-Arrest, Pre-Miranda Silence To Infer Consciousness Of Guilt, Joshua Bornstein

Loyola of Los Angeles Law Review

No abstract provided.

The Conversational Consent Search: How “Quick Look” And Other Similar Searches Have Eroded Our Constitutional Rights, Alexander A. Mikhalevsky

Georgia State University Law Review

One area in which law enforcement agencies have stretched constitutional limits concerns the scope of a suspect’s consent to search his or her vehicle. Police forces across the country have tested the limits of consent by asking vague, conversational questions to suspects with the goal of obtaining a suspect’s consent to search, even though that individual may not want to allow the search or may not know that he or she has the right to deny consent.

Conversational phrases like “Can I take a quick look?” or “Can I take a quick look around?” have “emerg[ed] as . . . …

Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens

Seattle University Law Review

This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …

Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder

Pepperdine Law Review

No abstract provided.

The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen

Pepperdine Law Review

No abstract provided.

Substance And Method In The Year 2000, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.

Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan

Pepperdine Law Review

No abstract provided.

Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin

NYLS Law Review

No abstract provided.

The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.

Villanova Law Review

No abstract provided.

Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd

Villanova Law Review

No abstract provided.

The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley

Villanova Law Review

No abstract provided.

The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor

Villanova Law Review

No abstract provided.

Prison Reform In The Future - The Trend Toward Expansion Of Prisoners' Rights, Monrad G. Paulsen

Villanova Law Review

No abstract provided.

Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford

Villanova Law Review

No abstract provided.

The Expansion Of Prisoners' Rights, Victor Rabinowitz

Villanova Law Review

No abstract provided.

Prisoners' Rights - A Prosecutor's View, James D. Crawford

Villanova Law Review

No abstract provided.