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Fourth Amendment Commons

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Journal

1986

Articles 1 - 11 of 11

Full-Text Articles in Fourth Amendment

Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas Jul 1986

Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas

University of Arkansas at Little Rock Law Review

No abstract provided.


A Reprise Of Warrants, Probable Cause, And Articulable Suspicion In Immigration Enforcement—Laduke V. Nelson, 762 F.2d 1318 (9th Cir. 1985), Barbara J. Selberg Jul 1986

A Reprise Of Warrants, Probable Cause, And Articulable Suspicion In Immigration Enforcement—Laduke V. Nelson, 762 F.2d 1318 (9th Cir. 1985), Barbara J. Selberg

Washington Law Review

This Note analyzes LaDuke v. Nelson, in which the Ninth Circuit held that the farm and ranch check practices of the INS violated the fourth amendment in that seizures were made without warrants, probable cause, or articulable suspicion of illegal alienage. The court's alternative holding criticized the INS for conducting searches without warrants, probable cause, or effective consent. For LaDuke to stand it must be carefully distinguished from the Supreme Court's most recent fourth amendment decisions, which juxtapose the individual's interest in privacy and security with the government's interest in effective law enforcement. LaDuke should stand because it provides an …


School Metal Detector Searches And The Fourth Amendment: An Empirical Study, Myrna G. Baskin, Laura M. Thomas Jun 1986

School Metal Detector Searches And The Fourth Amendment: An Empirical Study, Myrna G. Baskin, Laura M. Thomas

University of Michigan Journal of Law Reform

This Note is an empirical study of the weapons searches in the Detroit public schools. Part I traces the history of the Detroit public school searches describes how the searches were conducted, and explains the procedure implemented when a student was arrested or detained. Part II addresses the constitutionality of the search policy and concludes that the current sweep procedure violates the fourth amendment. Part III suggests a number of constitutional, and more effective, methods to decrease the number of weapons and the amount of violence in the Detroit high schools.


Defining A Fourth Amendment Search: A Critique Of The Supreme Court's Post-Katz Jurisprudence, Michael Campbell Jan 1986

Defining A Fourth Amendment Search: A Critique Of The Supreme Court's Post-Katz Jurisprudence, Michael Campbell

Washington Law Review

This Comment attributes the inadequacies of the Burger Court's application of Katz to that Court's identification of an interest in privacy with an interest in the secrecy of information. An interest in privacy, however, should more properly be defined as an interest in being left alone. Accordingly, this Comment proposes that a search be defined by reference to the conduct of the government, rather than by reference to the information uncovered by that conduct. Specifically, a search should be defined as conduct that violates a social norm of privacy. Such a definition of search would have several beneficial consequences. Among …


Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner Jan 1986

Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner

UIC Law Review

No abstract provided.


Administrative Search And Seizure Whither The Warrant, Jack M. Kress, Carole D. Iannelli Jan 1986

Administrative Search And Seizure Whither The Warrant, Jack M. Kress, Carole D. Iannelli

Villanova Law Review

No abstract provided.


State V. Delaurier: Privacy Rights And Cordless Telephones - The Fourth Amendment Is Put On Hold, 19 J. Marshall L. Rev. 1087 (1986), Donald Battaglia Jan 1986

State V. Delaurier: Privacy Rights And Cordless Telephones - The Fourth Amendment Is Put On Hold, 19 J. Marshall L. Rev. 1087 (1986), Donald Battaglia

UIC Law Review

No abstract provided.


California V. Ciraolo: Are The Protections Of The Fourth Amendment Earthbound, 20 J. Marshall L. Rev. 343 (1986), Gregory R. James Jr. Jan 1986

California V. Ciraolo: Are The Protections Of The Fourth Amendment Earthbound, 20 J. Marshall L. Rev. 343 (1986), Gregory R. James Jr.

UIC Law Review

No abstract provided.


Dui Roadblocks: Drunk Drivers Take A Toll On The Fourth Amendment, 19 J. Marshall L. Rev. 983 (1986), Lazaro Fernandez Jan 1986

Dui Roadblocks: Drunk Drivers Take A Toll On The Fourth Amendment, 19 J. Marshall L. Rev. 983 (1986), Lazaro Fernandez

UIC Law Review

No abstract provided.


Constitutional Law-Fourth Amendment-Use Of Deadly Force To Seize Fleeing Felony Suspects (Tennessee V. Garner), Georgia Mcmillen Jan 1986

Constitutional Law-Fourth Amendment-Use Of Deadly Force To Seize Fleeing Felony Suspects (Tennessee V. Garner), Georgia Mcmillen

NYLS Journal of Human Rights

No abstract provided.


Warrantless Aerial Surveillance After Ciraolo And Dow Chemical: The Omniscient Eye In The Sky, Anita M. Modak-Truran Jan 1986

Warrantless Aerial Surveillance After Ciraolo And Dow Chemical: The Omniscient Eye In The Sky, Anita M. Modak-Truran

Loyola University Chicago Law Journal

No abstract provided.