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Articles 1 - 30 of 81
Full-Text Articles in Criminal Procedure
Community Caretaking Exception Saves Lives . . . The Supreme Court Disagrees, Gabriella Lorenzo
Community Caretaking Exception Saves Lives . . . The Supreme Court Disagrees, Gabriella Lorenzo
Touro Law Review
As many are aware, the Fourth Amendment protects the people against unreasonable searches and seizures. A warrant is necessary for said activities. While there are a few exceptions to the warrant requirement, the Supreme Court recently held that the community caretaking exception does not extend to the home. Extending this exception to the home would allow police officers to enter and engage in functions that are unrelated to the investigation of a crime. Essentially, this exception would allow police to aid individuals and prevent serious, dangerous situations to protect the community. This Note discusses why the Supreme Court erred in …
Monasky’S Totality Of Circumstances Is Vague – The Child’S Perspective Should Be The Main Test, Sabrina Salvi
Monasky’S Totality Of Circumstances Is Vague – The Child’S Perspective Should Be The Main Test, Sabrina Salvi
Touro Law Review
After decades of confusion, the Supreme Court ruled on child custody in an international setting in Monasky v. Taglieri, by attempting to establish the definition of a child’s “habitual residence.” The Court held that a child’s “residence in a particular country can be deemed ‘habitual, however, only when her residence there is more than transitory.’” Further, the Court stated that, ‘“[h]abitual’ implies customary, usual, of the nature of a habit.”’ However, the Supreme Court’s ruling remains unclear. The 1980 Hague Convention on the Civil Aspects of International Child Abduction (“HCCAICA” or “The Hague Convention”), which is adopted in ninety-eight …
In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis
In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis
Touro Law Review
No abstract provided.
Exigent Circumstances And Searches Incident To Arrest In New York: The Difficulties And Distinctions, Kyle Knox
Exigent Circumstances And Searches Incident To Arrest In New York: The Difficulties And Distinctions, Kyle Knox
Touro Law Review
No abstract provided.
Stingrays, Triggerfish, And Hailstroms, Oh My: The Fourth Amendment Implications Of The Increasing Government Use Of Cell-Site Simulators, Jenna Jonassen
Stingrays, Triggerfish, And Hailstroms, Oh My: The Fourth Amendment Implications Of The Increasing Government Use Of Cell-Site Simulators, Jenna Jonassen
Touro Law Review
No abstract provided.
The Fourth Amendment And Driving While Intoxicated: When Does A Police Officer Need A Warrant ?, Marra Kassman
The Fourth Amendment And Driving While Intoxicated: When Does A Police Officer Need A Warrant ?, Marra Kassman
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Family Court, Seneca County, In Re Kaufman, Edward Callaghan
Family Court, Seneca County, In Re Kaufman, Edward Callaghan
Touro Law Review
No abstract provided.
First Department, People V Robinson, Courtney Blakeslee
First Department, People V Robinson, Courtney Blakeslee
Touro Law Review
No abstract provided.
The Big Picture View Of Anonymous Tips From Ordinary People, Amanda M. Dadiego
The Big Picture View Of Anonymous Tips From Ordinary People, Amanda M. Dadiego
Touro Law Review
No abstract provided.
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Johnson, Denise Shanley
Court Of Appeals Of New York, People V. Johnson, Denise Shanley
Touro Law Review
No abstract provided.
Qualified Immunity In The Fourth Amendment: A Practical Application Of 1983 As It Applies To Fourth Amendment Excessive Force Cases, Karen Blum
Touro Law Review
No abstract provided.
Supreme Court, Bronx County, People V. Barnville, David Schoenhaar
Supreme Court, Bronx County, People V. Barnville, David Schoenhaar
Touro Law Review
No abstract provided.
Justification For Police Intrusions, Corey Rashkover
Justification For Police Intrusions, Corey Rashkover
Touro Law Review
No abstract provided.
Interpreting Search Incident To Arrest In New York: Past, Present, And Future, Jacqueline Iaquinta
Interpreting Search Incident To Arrest In New York: Past, Present, And Future, Jacqueline Iaquinta
Touro Law Review
No abstract provided.
Search And Seizures: Constitutionally Protected Or Discretionary Police Work?, Jaren Fernan
Search And Seizures: Constitutionally Protected Or Discretionary Police Work?, Jaren Fernan
Touro Law Review
No abstract provided.
Seize First, Search Later: The Hunt For Digital Evidence, Paige Bartholomew
Seize First, Search Later: The Hunt For Digital Evidence, Paige Bartholomew
Touro Law Review
No abstract provided.
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Touro Law Review
No abstract provided.
The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf
The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf
Touro Law Review
This article examines the constitutional status of suspicionless searches and seizures of groups- an exceedingly important question in the age of terror, and a subject recently brought back to the forefront by the searches of subway passengers in New York City. It draws on process theory to argue that when a legislature has authorized a group search or seizure, courts should generally apply rational basis review.
First, other areas of constitutional doctrine exhibit deep trust in the power of groups to protect their interests in political process, and there is no reason why fourth amendment doctrine should not do the …
Appellate Division, Fourth Department, People V. Hall, Eric Pack
Appellate Division, Fourth Department, People V. Hall, Eric Pack
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.
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah
Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah
Touro Law Review
No abstract provided.
Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman
Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman
Touro Law Review
No abstract provided.
You Do Not Have The Right To Remain Drunk: Expanding The Scope Of Implied Consent Through Fifth Amendment Voluntariness Standards, Avi Goldstein
You Do Not Have The Right To Remain Drunk: Expanding The Scope Of Implied Consent Through Fifth Amendment Voluntariness Standards, Avi Goldstein
Touro Law Review
No abstract provided.
The Blueprint: Critiques Of The Fingerprint And Abandonment Paradigms Utilized To Reject An Expectation Of Privacy In Dna, Avi Goldstein
The Blueprint: Critiques Of The Fingerprint And Abandonment Paradigms Utilized To Reject An Expectation Of Privacy In Dna, Avi Goldstein
Touro Law Review
No abstract provided.
Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman
Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman
Touro 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.