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- Right of privacy (2)
- Search and seizure (2)
- Border searches (1)
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- Drug testing (1)
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- United States. Constitution. 4th Amendment (1)
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Articles 1 - 6 of 6
Full-Text Articles in Fourth Amendment
Sacrificing Liberty For Security: North Carolina's Unconstitutional Search And Seizure Of Arrestee Dna, Michael J. Crook
Sacrificing Liberty For Security: North Carolina's Unconstitutional Search And Seizure Of Arrestee Dna, Michael J. Crook
Campbell Law Review
This Comment examines the constitutionality of North Carolina’s DNA Database Act of 2010. The Act is a newly passed expansion of the existing state DNA database, and this Comment argues that North Carolina’s expansion authorizes a constitutionally impermissible, mandatory, suspicionless, and warrantless search and seizure of DNA and the information contained therein. With warrantless searches, the default rule is that they are “per se unreasonable under the Fourth Amendment— subject only to a few specifically established and well-delineated exceptions.” The Act should not survive Fourth Amendment scrutiny because it does not qualify as a well-delineated exception to the warrant requirement: …
The Danger To Confidential Communications In The Mismatch Between The Fourth Amendment's "Reasonable Expectation Of Privacy" And The Confidentiality Of Evidentiary Privileges, Robert P. Mosteller, Kenneth S. Broun
The Danger To Confidential Communications In The Mismatch Between The Fourth Amendment's "Reasonable Expectation Of Privacy" And The Confidentiality Of Evidentiary Privileges, Robert P. Mosteller, Kenneth S. Broun
Campbell Law Review
In May 2009, a bare majority of the Supreme Court of North Carolina decided State v. Rollins, making a serious mistake in privilege law that if applied generally will undermine the valued protections of evidentiary privileges. Ordinarily, few might criticize a ruling admitting statements like those made by the defendant, Mickey Rollins, who indicated his guilt for a homicide. However, Rollins' statements were made to his wife, and under established precedent, those conversations should have been ruled a privileged marital communication.
Searching For The Fourth Amendment: In A Post-September 11th World, Does The Rationale Of The Fourth Circuit In United States V. Jenkins Reduce The Fourth Amendment Protections Of Individuals On Military Installations?, Ryan Leary
Campbell Law Review
This comment will begin by discussing how the Fourth Circuit's rationale in United States v. Jenkins could be interpreted as an exception to the Fourth Amendment's warrant and probable cause requirements on closed military installations. Next, this comment will establish the legal definition of a closed military base to determine the potential impact of any interpretation of the Fourth Circuit's decision in Jenkins. Then, this comment will analyze how Jenkins could be interpreted in both broad and narrow ways and why the narrower reading of the Jenkins opinion should be followed. This comment will then consider how other circuits have …
Ferguson V. City Of Charleston: Gatekeeper Of The Fourth Amendment's "Special Needs" Exception, Lucinda Clements
Ferguson V. City Of Charleston: Gatekeeper Of The Fourth Amendment's "Special Needs" Exception, Lucinda Clements
Campbell Law Review
No abstract provided.
A Fourth Amendment Problem With Probation In North Carolina, Stacy C. Eggers Iv
A Fourth Amendment Problem With Probation In North Carolina, Stacy C. Eggers Iv
Campbell Law Review
No abstract provided.
Criminal Procedure - Vessels In Inland Waters Are Subject To Suspicionless Boarding - United States V. Villamonte-Marquez, Wallace R. Young Jr.
Criminal Procedure - Vessels In Inland Waters Are Subject To Suspicionless Boarding - United States V. Villamonte-Marquez, Wallace R. Young Jr.
Campbell Law Review
The purpose of this Note is to examine the fourth amendment implications of the holding in Villamonte-Marquez. The Note will examine the Court's treatment of Section 1581(a) under which the search arose, analyze the judicial treatment of the decisions relied on by the Court and criticize the Court's treatment of the "reasonableness" of the governmental intrusion. The Note concludes that because private cabin-boaters have great interests against arbitrary intrusion by officials, cases such as Villamonte-Marquez should be scrutinized more carefully to preserve the protection of the fourth amendment.