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- Constitutional Law (3)
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Articles 1 - 18 of 18
Full-Text Articles in Fourth Amendment
Colorado V. Bertine, Lewis F. Powell Jr.
Colorado V. Bertine, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Arizona V. Hicks, Lewis F. Powell Jr.
Griffin V. Wisconsin, Lewis F. Powell Jr.
Griffin V. Wisconsin, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas
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
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
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.
Dodging A Bullet, But Opening Old Wounds In Fourth Amendment Jurisprudence, Ronald J. Bacigal
Dodging A Bullet, But Opening Old Wounds In Fourth Amendment Jurisprudence, Ronald J. Bacigal
Law Faculty Publications
The Court began its opinion in Winston by "putting to one side the procedural protections of the warrant requirement. " The parties agreed that the defendant had received "a full measure of procedural protections"and that the state had met the "ordinary" standard of probable cause for a search. "Notwithstanding the existence of probable cause" and the state's full compliance with the procedures required by the warrant clause, the Court found that the reasonableness clause of the fourth amendment demands "a more substantial justification" than probable cause. The Court viewed this higher level of justification as a substantive requirement of the …
Constitutional Law-Fourth Amendment-Use Of Deadly Force To Seize Fleeing Felony Suspects (Tennessee V. Garner), Georgia Mcmillen
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
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.
An Alternative Approach To The Good Faith Controversy, Ronald J. Bacigal
An Alternative Approach To The Good Faith Controversy, Ronald J. Bacigal
Law Faculty Publications
This Article examines the role of police motivation in all facets of fourth amendment jurisprudence and demonstrates that the Court has often considered good faith as one relevant but ill-defined factor in determining substantive aspects of the fourth amendment. The Article concludes that this ambiguous and flexible approach to substantive fourth amendment rights should be utilized when applying the remedy of exclusion.
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
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
Administrative Search And Seizure Whither The Warrant, Jack M. Kress, Carole D. Iannelli
Villanova Law Review
No abstract provided.
Defining A Fourth Amendment Search: A Critique Of The Supreme Court's Post-Katz Jurisprudence, Michael Campbell
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 …
Present At The Creation? A Critical Guide To Weeks V. United States And Its Progeny, Gerard V. Bradley
Present At The Creation? A Critical Guide To Weeks V. United States And Its Progeny, Gerard V. Bradley
Journal Articles
The Supreme Court in Weeks v. United States held that upon a pretrial motion for return of property illegally seized, a court must order restitution, even if government is thereby deprived of its use at a subsequent trial. Many have characterized the Court’s decision as being grounded on a principled rather than empirical basis and as supporting the principle of exclusion. This Article critically examines Weeks to gauge the validity of the principled basis theories that Justice Day arguably advances as defenses to the rule in his opinion. Although a principled rationale underlies the decision in Weeks, it does …
Dui Roadblocks: Drunk Drivers Take A Toll On The Fourth Amendment, 19 J. Marshall L. Rev. 983 (1986), Lazaro Fernandez
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.
State V. Delaurier: Privacy Rights And Cordless Telephones - The Fourth Amendment Is Put On Hold, 19 J. Marshall L. Rev. 1087 (1986), Donald Battaglia
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.
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.
Arrest, James Boyd White
Arrest, James Boyd White
Book Chapters
The constitutional law of arrest governs every occasion on which a government officer interferes with an individual’s freedom, from full-scale custodial arrests at one end of the spectrum to momentary detentions at the other. Its essential principle is that a court, not a police officer or other executive official, shall ultimately decide whether a particular interference with the liberty of an individual is justified. The court may make this judgment either before an arrest, when the police seek a judicial warrant authorizing it, or shortly after an arrest without a warrant, in a hearing held expressly for that purpose. The …