Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Constitutional law (2)
- Fourth Amendment (2)
- Biases (1)
- Book reviews (1)
- CODIS (1)
-
- DNA sampling (1)
- Debbie Smith Act (1)
- Exonerate (1)
- Fourth amendment (1)
- James Otis (1)
- Jurors (1)
- Katz v. United States (1)
- Ker v. California (1)
- Knock and announce (1)
- Lee (Cynthia) (1)
- Miller v. United States (1)
- Privacy (1)
- Privacy rights (1)
- Provocation (1)
- Reasonable person (1)
- Reasonable suspicion (1)
- Reasonableness (1)
- Rules (1)
- Search and seizure (1)
- Search warrants (1)
- Self defense (1)
- Standards (1)
- Stereotypes (1)
- Supreme Court (1)
- Terrorism (1)
- Publication
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Fourth Amendment
Equality, Objectivity, And Neutrality, Alafair S. Burke
Equality, Objectivity, And Neutrality, Alafair S. Burke
Michigan Law Review
When is homicide reasonable? That familiar, yet unanswered question continues to intrigue both courts and criminal law scholars, in large part because any response must first address the question, "reasonable to whom?" The standard story about why that threshold question is both difficult and interesting usually involves a juxtaposition of "objective" and "subjective" standards for judging claims of reasonableness. On the one hand, the story goes, is a "subjective" standard of reasonableness under which jurors evaluate the reasonableness of a criminal defendant's beliefs and actions by comparing them to those of a hypothetical reasonable person sharing all of the individual …
Constitutional Law—The Fourth Amendment Challenge To Dna Sampling Of Arrestees Pursuant To The Justice For All Act Of 2004: A Proposed Modification To The Traditional Fourth Amendment Test Of Reasonableness, Kimberly A. Polanco
University of Arkansas at Little Rock Law Review
No abstract provided.
Faith-Based Miranda: Why The New Missouri V. Seibert Police Bad Faith Test Is A Terrible Idea, Joelle A. Moreno
Faith-Based Miranda: Why The New Missouri V. Seibert Police Bad Faith Test Is A Terrible Idea, Joelle A. Moreno
Faculty Publications
No abstract provided.
Since When Is Dicta Enough To Trump Fourth Amendment Rights? The Aftermath Of Florida V. J.L., Melanie D. Wilson
Since When Is Dicta Enough To Trump Fourth Amendment Rights? The Aftermath Of Florida V. J.L., Melanie D. Wilson
Scholarly Articles
Unfortunately for individual liberty, and the inestimable right to personal security, the Supreme Court's extraneous language in its otherwise, well-reasoned decision in Florida v. J.L., and the lower federal courts' interpretation of that extraneous language, have jeopardized the Constitutional right to be free from capricious stops and frivolous frisks, both of which necessarily intrude on the sanctity of the person and sometimes "inflict great indignity and arouse strong resentment . . . ." When read logically and narrowly, the J.L. decision holds that an anonymous telephone tip, alone, does not give law enforcement a sufficient legal basis to stop or …
American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley
UIC Law Review
No abstract provided.
Constitutional Law—Fourth Amendment—Knock And Announce: The Ninth Circuit Knocks And The Supreme Court Announces A Re-Emphasis On The Case-By-Case Analysis.United States V. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli
Constitutional Law—Fourth Amendment—Knock And Announce: The Ninth Circuit Knocks And The Supreme Court Announces A Re-Emphasis On The Case-By-Case Analysis.United States V. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli
University of Arkansas at Little Rock Law Review
No abstract provided.
Collapsing Spheres: Joint Terrorism Task Forces, Federalism, And The War On Terror, Susan Herman
Collapsing Spheres: Joint Terrorism Task Forces, Federalism, And The War On Terror, Susan Herman
Faculty Scholarship
No abstract provided.
The Fourth Amendment And Terrorism, John Burkoff
The Fourth Amendment And Terrorism, John Burkoff
Articles
The important questions we need to ask and to answer B in the perilous times in which we live B is whether the Fourth Amendment applies in the same fashion not just to run of the mill criminals, but also to terrorists and suspected terrorists, individuals who are committing or who have committed B or who may be poised to commit B acts aimed at the destruction of extremely large numbers of people? Professor Burkoff argues that we can protect ourselves from cataclysmic threats of this sort and still maintain a fair and objective application of Fourth Amendment doctrine that …
Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky
Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky
All Faculty Scholarship
No abstract provided.