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Criminal Procedure Commons

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Articles 1 - 8 of 8

Full-Text Articles in Criminal Procedure

Recent Decision Note, Thomas L. Shaffer Nov 2013

Recent Decision Note, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


United States Vs. Peltier - The Good Faith Belief Of The Police Officer, Ronald R. Talmo May 2013

United States Vs. Peltier - The Good Faith Belief Of The Police Officer, Ronald R. Talmo

Pepperdine Law Review

No abstract provided.


People V. Brisendine: Search And Seizure In California , Donald E. Buddenbaum May 2013

People V. Brisendine: Search And Seizure In California , Donald E. Buddenbaum

Pepperdine Law Review

No abstract provided.


Beyond Kent And Gault: Consensual Searches And Juveniles, Larry T. Pleiss Feb 2013

Beyond Kent And Gault: Consensual Searches And Juveniles, Larry T. Pleiss

Pepperdine Law Review

No abstract provided.


Full Court Press: The Imperial Judiciary Vs. The Paranoid Press , Francis I. Dale, Mitchell W. Dale Feb 2013

Full Court Press: The Imperial Judiciary Vs. The Paranoid Press , Francis I. Dale, Mitchell W. Dale

Pepperdine Law Review

No abstract provided.


New Jersey V. T.L.O.: The Supreme Court Severely Limits Schoolchildrens' Fourth Amendment Rights When Being Searched By Public School Officials, Missy Kelly Bankhead Jan 2013

New Jersey V. T.L.O.: The Supreme Court Severely Limits Schoolchildrens' Fourth Amendment Rights When Being Searched By Public School Officials, Missy Kelly Bankhead

Pepperdine Law Review

No abstract provided.


Amicus Brief: State V. Glover (Maine Supreme Judicial Court), Adam Lamparello, Charles Maclean Jan 2013

Amicus Brief: State V. Glover (Maine Supreme Judicial Court), Adam Lamparello, Charles Maclean

Adam Lamparello

When law enforcement seeks to obtain a warrantless, pre-arrest DNA sample from an individual, that individual has the right to say “No.” If silence is to become a “badge of guilt,” then the right to silence—under the United States and Maine Constitutions—might become a thing of the past. Allowing jurors to infer consciousness of guilt from a pre-arrest DNA sample violates the Fourth Amendment to the United States and Maine Constitutions.


The Dog Days Fourth Amendment Jurisprudence, Kit Kinports Jan 2013

The Dog Days Fourth Amendment Jurisprudence, Kit Kinports

Journal Articles

This Article discusses Florida v. Harris and Florida v. Jardines, the two Fourth Amendment drug dog opinions issued by the Supreme Court earlier this year. Together the cases hold that a narcotics detection dog effects a “search” when it intrudes on a constitutionally protected area in order to collect evidence, but that the dog’s positive alert is generally sufficient to support a finding of probable cause. The piece argues that both cases essentially generate a bright-line rule, thereby deviating from precedent that favored a more amorphous standard considering all the surrounding circumstances. Like many purportedly clear rules, the ones …