Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Police officers (2)
- Section 1983 (2)
- Supreme Court (2)
- Absolute immunity (1)
- Bayless v. United States (1)
-
- Black Lives Matter (1)
- Constitutional Rights (1)
- Constitutional safeguards (1)
- Corroboration requirements (1)
- Evidence (1)
- Exclusionary rule (1)
- Fourth Amendment (1)
- Grand jury witness (1)
- Imminence standards (1)
- Kastner (1)
- Law enforcement (1)
- Millender (1)
- Narrative (1)
- Policing (1)
- Policing narrative (1)
- Predictive policing (1)
- Qualified immunity (1)
- Reasonable suspicion (1)
- Rehberg (1)
- State and local officials (1)
- Tal Kastner (1)
- Terry v. Ohio (1)
- Unreasonable Search and Seizure (1)
- Utah v. Strieff (1)
- Warrants (1)
Articles 1 - 4 of 4
Full-Text Articles in Fourth Amendment
Policing Narrative, Tal Kastner
Policing Narrative, Tal Kastner
Scholarly Works
Counter narrative, a story that calls attention to and rebuts the presumptions of a dominant narrative framework, functions as an essential tool to reshape the bounds of the law. It has the potential to shape the collective notion of what constitutes legal authority. Black Lives Matter offers a counter narrative that challenges the characterization of the shared public space, among other aspects of contemporary society, as the space of law. Using the concept of necropower--the mobilization and prioritization of the state's power to kill--I analyze the contested physical and conceptual space of law exposed by the counter narrative of Black …
Nuance, Technology, And The Fourth Amendment: A Response To Predictive Policing And Reasonable Suspicion, Fabio Arcila Jr.
Nuance, Technology, And The Fourth Amendment: A Response To Predictive Policing And Reasonable Suspicion, Fabio Arcila Jr.
Scholarly Works
In an engaging critique, Professor Arcila finds that Professor Ferguson is correct in that predictive policing will likely be incorporated into Fourth Amendment law and that it will alter reasonable suspicion determinations. But Professor Arcila also argues that the potential incorporation of predictive policing reflects a larger deficiency in our Fourth Amendment jurisprudence and that it should not be adopted because it fails to adequately consider and respect a broader range of protected interests.
Supreme Court Fortifies Qualified Immunity For Law Enforcement Officers In Warrant Cases, Martin Schwartz
Supreme Court Fortifies Qualified Immunity For Law Enforcement Officers In Warrant Cases, Martin Schwartz
Scholarly Works
This article analyzes the significance of the United States Supreme Court decision in Messerschmidt v. Millender, 132 S.Ct. 1652 (2012), upon §1983 Fourth Amendment claims asserted against state and local law enforcement officers who apply for and enforce warrants. Millender held that police officers who sought and executed a very broad warrant authorizing them to search a residence for guns and gang related material were protected by qualified immunity. The author asserts that §1983 plaintiffs, who seek to recover damages based upon either the application or execution of an allegedly unconstitutional warrant, will now have to overcome various layers of …
Supreme Court Holds Grand Jury Witnesses Absolutely Immune From § 1983 Liability, Martin Schwartz
Supreme Court Holds Grand Jury Witnesses Absolutely Immune From § 1983 Liability, Martin Schwartz
Scholarly Works
This article discusses the Supreme Court's ruling in Rehberg v. Paulk, 132 S. Ct. 1497 (2012), which extended the absolute witness immunity recognized in Briscoe v. LaHue, to grand jury witnesses. In an unanimous opinion, written by Justice Samuel A. Alito, Jr., the Court held that grand jury witnesses are absolutely immune from §1983 liability for their testimony, and even for conspiring to give false testimony.