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Fourth Amendment Commons

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Law Faculty Publications

Fourth amendment

Articles 1 - 9 of 9

Full-Text Articles in Fourth Amendment

Making The Right Gamble: The Odds On Probable Cause, Ronald J. Bacigal Jan 2004

Making The Right Gamble: The Odds On Probable Cause, Ronald J. Bacigal

Law Faculty Publications

Again, is there probable cause to detain, arrest or search each passenger? Is there probable cause to search each passenger's luggage, their autos parked at the airport and their residences? This article seeks the answer to the hypotheticals in sources ranging from the judiciary's own pronouncements on probable cause to linguistics, history mathematics and cognitive psychology.


The Right Of The People To Be Secure, Ronald J. Bacigal Jan 1993

The Right Of The People To Be Secure, Ronald J. Bacigal

Law Faculty Publications

Part I of this Article defines searches and seizures of property and person, discussing the Supreme Court's initially broad interpretation of the Fourth Amendment and its subsequent narrowing in later decisions. Part II discusses several police "chase cases" leading up to the elimination of accidental and attempted seizures from Fourth Amendment protection in Brower v. County of Inyo and California v. Hodari D. Part Ill analyzes the Brower decision and its effect on accidental seizures, concluding that the analysis set forth therein should be abolished and advocating an alternate test. Part IV confronts the Court's elimination of attempted seizures from …


In Pursuit Of The Elusive Fourth Amendment: The Police Chase Cases, Ronald J. Bacigal Oct 1990

In Pursuit Of The Elusive Fourth Amendment: The Police Chase Cases, Ronald J. Bacigal

Law Faculty Publications

The first section of this article considers whether the police officer's intent is an indispensable component of fourth amendment seizures. The second section of the article addresses the Court's efforts to define a seizure· by focusing upon the objective causal link between an officer's efforts to apprehend a suspect and the suspect's attempt to avoid apprehension.


The Road To Exclusion Is Paved With Bad Intentions: A Bad Faith Corollary To The Good Faith Exception, Ronald J. Bacigal Apr 1985

The Road To Exclusion Is Paved With Bad Intentions: A Bad Faith Corollary To The Good Faith Exception, Ronald J. Bacigal

Law Faculty Publications

This Article will demonstrate that a search pursuant to a properly issued warrant may trigger application of the exclusionary rule if: (1) there is police bad faith in delaying execution of the warrant, and (2) such bad faith results in additional intrusions upon individual privacy. Although this Article is limited to a consideration of bad faith in delaying the execution of search warrants, the discussion points the way to application of the concept of bad faith to all aspects of fourth amendment jurisprudence.


Review Of Search And Seizure: Constitutional And Common Law, Ronald J. Bacigal Jan 1983

Review Of Search And Seizure: Constitutional And Common Law, Ronald J. Bacigal

Law Faculty Publications

Review of Search and Seizure: Constitutional and Common Law by John W. Hall.


Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal Jan 1983

Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal

Law Faculty Publications

There is a well-recognized lack of consistency and clarity in fourth amendment decisions. At times, each search and seizure case seen is unique and the decisions appear to rest on factual determinations rather than on legal principles. Nonetheless, it is desirable to have some understanding of the basic principles of the fourth amendment, and the way in which these principles affect individual cases.


The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal Jan 1980

The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal

Law Faculty Publications

The definition of a reasonable search has bedeviled the United States Supreme Court for some ninety years. Formal logic or legal reasoning assists the Court in tracing premise to conclusion, but does not alone suggest the initial premise. The Court's difficulty in fourth amendment cases, in general, lies in identifying the premise-the fundamental value which is embodied in this constitutional guarantee. The Court has recognized that this fundamental value, whatever it is, has an origin outside the language of the amendment, and the Court has considered sources such as history, popular consensus, natural law, and utilitarian balancing to find this …


The Fourth Amendment In Flux: The Rise And Fall Of Probable Cause, Ronald J. Bacigal Jan 1979

The Fourth Amendment In Flux: The Rise And Fall Of Probable Cause, Ronald J. Bacigal

Law Faculty Publications

This article will demonstrate the Supreme Court's inability to develop an objective methodology to derive and apply fourth amendment principles under either the traditional probable cause approach or the balancing approach. A detailed analysis of traditional probable cause will reveal that its premises are ultimately subjectively derived? This examination will also show that returning to traditional probable cause would necessitate resurrecting the unrealistic premise that an individual's privacy interest is always outweighed by the government's interest in searching if the authorities meet a static standard of probable cause. The article will then discuss the advent of the balancing approach and …


Some Observations And Proposals On The Nature Of The Fourth Amendment, Ronald J. Bacigal May 1978

Some Observations And Proposals On The Nature Of The Fourth Amendment, Ronald J. Bacigal

Law Faculty Publications

This article will analyze the fourth amendment from both the individual and limitation perspectives, and evaluate the desirability of each as a determinant of the reach of fourth amendment protection in specific situations. The individual perspective alone is an inadequate model to evaluate all interests relevant to fourth amendment problems.Conjunctive use of both perspectives, however, allows a complete and balanced analysis of the fourth amendment, and can eliminate the need to ponder such difficult questions as which expectations of privacy are socially justifiable and when an individual has waived his privacy rights. Although an accommodation between the two perspectives is …