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Articles 1 - 21 of 21
Full-Text Articles in Criminal Procedure
Gps Tracking At The Border: A Mistaken Expectation Or A Chilling Reality, Kimberly Shi
Gps Tracking At The Border: A Mistaken Expectation Or A Chilling Reality, Kimberly Shi
Washington and Lee Journal of Civil Rights and Social Justice
In 2018, Matthew C. Allen, the Assistant Director for the Domestic Operations Division within the United States Department of Homeland Security, filed a declaration in United States v. Ignjatov describing a departmental policy allowing for the installation of a “GPS tracking device on a vehicle at the United States border without a warrant or individualized suspicion,” limited “to 48 hours.” While the Border Search Doctrine, which predates the Fourth Amendment, deems that no warrant is necessary at the border for most searches and seizures because of the government’s inherent power to control who or what comes within a nation’s borders, …
Riley And Abandonment: Expanding Fourth Amendment Protection Of Cell Phones, Abigail Hoverman
Riley And Abandonment: Expanding Fourth Amendment Protection Of Cell Phones, Abigail Hoverman
Northwestern University Law Review
In light of the privacy concerns inherent to personal technological devices, the Supreme Court handed down a unanimous decision in 2014 recognizing the need for categorical heightened protection of cell phones during searches incident to arrest in Riley v. California. This Note argues for expansion of heightened protections for cell phones in the context of abandoned evidence because the same privacy concerns apply. This argument matters because state and federal courts have not provided the needed protection to abandoned cell phones pre- or post-Riley.
Supreme Court, Kings County, People V. Miller, Courtney Weinberger
Supreme Court, Kings County, People V. Miller, Courtney Weinberger
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Burton, Diane Matero
Court Of Appeals Of New York, People V. Burton, Diane Matero
Touro Law Review
No abstract provided.
"To Corral And Control The Ghetto": Stop, Frisk, And The Geography Of Freedom, Anders Walker
"To Corral And Control The Ghetto": Stop, Frisk, And The Geography Of Freedom, Anders Walker
University of Richmond Law Review
While criminal law scholar Michelle Alexander has shown that stop and frisks often serve as the gateway into the criminal justice system for young men of color, she occludes the complex forces that led to their rise." This article seeks to identify those forces, relating the rise of stop and frisk rules to liberal politics, Cold War concerns, and spatial dynamics. To illustrate, this article will proceed in three parts. Part I will demonstrate how Mapp v. Ohio coincided with judicial frustration at police intrusions into private, intimate space-including private thought-precisely at a time when the United States sought to …
Consensual Police-Citizen Encounters: Human Factors Of A Reasonable Person And Individual Bias., Evan M. Mcguire
Consensual Police-Citizen Encounters: Human Factors Of A Reasonable Person And Individual Bias., Evan M. Mcguire
The Scholar: St. Mary's Law Review on Race and Social Justice
The Fourth Amendment protects against unreasonable government intrusion. The government must establish probable cause and obtain a warrant to search a particular location. However, there are minute Fourth Amendment distinctions at various levels of police-citizen interaction which act as exceptions to the general rule. Officers may approach a citizen for any reason as long as a reasonable person in their place would feel able to escape the officer’s advances. Ultimately, abuse of this exception to Fourth Amendment protections occurs frequently, especially when it comes to minority populations. The police can conduct a search without a warrant if there is reasonable …
Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens
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 …
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince
Touro Law Review
No abstract provided.
Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas
Touro Law Review
No abstract provided.
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
Touro Law Review
No abstract provided.
Vehicle Searches – The Automobile Exception: The Constitutional Ride From Carroll V. United States To Wyoming V. Houghton, Martin L. O'Connor
Vehicle Searches – The Automobile Exception: The Constitutional Ride From Carroll V. United States To Wyoming V. Houghton, Martin L. O'Connor
Touro Law Review
No abstract provided.
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Touro Law Review
No abstract provided.
Search And Seizure, William R. Wilson Jr.
Search And Seizure, William R. Wilson Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.
Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.
Michigan Law Review
A Review of The Decision To Take a Suspect Into Custody by Wayne R. LaFave