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Full-Text Articles in Fourth Amendment
Fourth Amendment Standing: Flat On Its Face, Wallace W. Sherwood
Fourth Amendment Standing: Flat On Its Face, Wallace W. Sherwood
Cleveland State Law Review
The United States Supreme Court has recently reevaluated its concept of standing for claims involving violations of the fourth amendment. The apparent purpose for reevaluation of this fundamental constitutional principle was the Court's desire to respond to the debate currently raging over the scope of the exclusionary rule. Whether one perceives the fourth amendment as second to none in importance in the Bill of Rights or views it as a nuisance is not the issue here. Rather, the issue is whether, in its effort to limit the exclusionary rule, the Court has stripped the people of the United States of …
Fourth Amendment Right Or Fourth Amendment Wrong: Ins Power After The Immigration Reform And Control Act Of 1986, Steven L. Miller
Fourth Amendment Right Or Fourth Amendment Wrong: Ins Power After The Immigration Reform And Control Act Of 1986, Steven L. Miller
Cleveland State Law Review
This Note examines the legal system's scrutiny of the fourth amendment implications of INS workplace sweeps and suggests that the recent adoption of the IRCA (Immigration Reform and Control Act) and its criminal sanctions dictate the development of a higher standard for upholding the constitutionality of workplace raids. Consideration is first given to the type of INS activity which is under scrutiny in the course of a workplace sweep. Next, Part III will examine the development of case law pertaining to the current power of the INS to constitutionally conduct workplace sweeps under the fourth amendment. Part IV will then …