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Articles 1 - 19 of 19
Full-Text Articles in Fourth Amendment
Michigan V. Chesternut And Investigative Pursuits: Is There No End To The War Between The Constitution And Common Sense?, Rachel A. Van Cleave
Michigan V. Chesternut And Investigative Pursuits: Is There No End To The War Between The Constitution And Common Sense?, Rachel A. Van Cleave
Publications
Section I of this Comment examines Terry v. Ohio, in which the Supreme Court decided that certain on-the-street encounters between police officers and citizens come within fourth amendment scrutiny. Section II traces the development of standards for determining when a seizure has occurred, that is, when a reasonable person would believe he was not "at liberty to ignore the police presence and go about his business."' In section III, this Comment argues that, when the police chase a citizen, their conduct constitutes a seizure because the citizen is aware of the police's attempt to apprehend him and is therefore …
Police Liability For Creating The Need To Use Deadly Force In Self-Defense, Frank G. Zarb Jr.
Police Liability For Creating The Need To Use Deadly Force In Self-Defense, Frank G. Zarb Jr.
Michigan Law Review
Police officers are granted wide discretion in the use of their firearms. Allowing officers some discretion is unavoidable, because they must often make difficult decisions in the face of rapidly changing circumstances. Officers, however, may abuse this discretion and cause injury or death unnecessarily. In the face of this danger of abuse by officers, suspects are, in many states, prohibited from defending themselves. While it is better to have a court decide when a police officer has abused his discretion than to allow the suspect to make that decision at the moment of arrest, it is not clear what standards …
A Middle Ground Approach To The Exclusionary Remedy: Reconciling The Redaction Doctrine With United States V. Leon, Rosemarie A. Lynskey
A Middle Ground Approach To The Exclusionary Remedy: Reconciling The Redaction Doctrine With United States V. Leon, Rosemarie A. Lynskey
Vanderbilt Law Review
The fourth amendment to the United States Constitution commands that the right of individuals to be secure against unreasonable searches shall not be violated. The amendment further provides that a search warrant must be supported by probable cause and particularly describe the place to be searched and items to be seized.' The United States Supreme Court has held that the only effective means of enforcing this mandate is to suppress all evidence seized pursuant to a search warrant that violates the fourth amendment because it lacks either particularity or probable cause. Difficult questions arise, however, when a warrant contains some …
Warrantless Investigative Seizures Of Real And Tangible Personal Property By Law Enforcement Officers, Steven A.G. Davison
Warrantless Investigative Seizures Of Real And Tangible Personal Property By Law Enforcement Officers, Steven A.G. Davison
All Faculty Scholarship
No abstract provided.
Colorado V. Bertine: An Expansion Of The Inventory Doctrine As Applied To Vehicles And Its Impact On Illinois Law, Fred L. Alvarez
Colorado V. Bertine: An Expansion Of The Inventory Doctrine As Applied To Vehicles And Its Impact On Illinois Law, Fred L. Alvarez
Loyola University Chicago Law Journal
No abstract provided.
Justice Kelleher And The Constitutions, Robert B. Kent
Justice Kelleher And The Constitutions, Robert B. Kent
Cornell Law Faculty Publications
No abstract provided.
Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich
Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich
Touro Law Review
No abstract provided.
Bright Line Seizures: The Need For Clarity In Determining When Fourth Amendment Activity Begins, Edwin J. Butterfoss
Bright Line Seizures: The Need For Clarity In Determining When Fourth Amendment Activity Begins, Edwin J. Butterfoss
Faculty Scholarship
This Article proposes that the Mendenhall-Royer standard, as presently interpreted, should be discarded because it is unworkable and fails to strike the appropriate balance between the liberty interests of citizens and the interest of the state in combatting crime. The test is unworkable because the outcomes of cases turn on subtle factual distinctions unrelated to an individual's actual freedom to end an encounter with a police officer, making it difficult for police officers to apply the standard in the field and adjust their conduct accordingly. Moreover, the standard provides insufficient protection for an individual's rights by failing to consider the …
Automobile Stops And Searches: The Law In Illinois, Ralph Ruebner
Automobile Stops And Searches: The Law In Illinois, Ralph Ruebner
Loyola University Chicago Law Journal
No abstract provided.
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
Case Digest
Materiality Standard for Concealment or Misrepresentation under Immigration and Nationality Act § 1451(a) is Sufficient to Influence an Immigration and Naturalization Service Decision; The Test of Good Moral Character under § 1101(f)(6) Does Not Require a Finding of Materiality for any False Testimony --Kungys v. United States, 108 S. Ct. 1537 (1988)
The Broad Subpoena Power of the Immigration and Naturalization Service does not Authorize Issuance of a Blanket John Doe Subpoena to Gather Information Regarding Unidentified Aliens--Peters v. United States, 853 F.2d 692 (9th Cir.1988)
Routine Strip Searches of Detained Juvenile Aliens Violate Juveniles' Fourth Amendment Rights--Flores …
Technologically Enhanced Visual Surveillance And The Fourth Amendment: Sophistication, Availability And The Expectation Of Privacy, Clifford S. Fishman
Technologically Enhanced Visual Surveillance And The Fourth Amendment: Sophistication, Availability And The Expectation Of Privacy, Clifford S. Fishman
Scholarly Articles
Since 1983, however, seven Supreme Court decisions have focused at least in part upon application of the Fourth Amendment to technological enhancement of, or technological substitution for, visual surveillance: United States v. Dunn and Texas v. Brown (artificial illumination); United States v. Knotts and United States v. Karo (electronic tracking devices); California v. Ciraolo9 and Florida v. Riley (aerial surveillance); and Dow Chemical Co. v. United States (image-magnifying aerial photography). Reaction to many of these decisions has been highly critical.
In six of the seven cases, investigators refrained from intruding physically into a location protected by the Fourth Amendment. The …
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 …
A Return To Fourth Amendment Basics: Undoing The Mischief Of Camara And Terry, Scott E. Sundby
A Return To Fourth Amendment Basics: Undoing The Mischief Of Camara And Terry, Scott E. Sundby
Articles
No abstract provided.
Arizona V. Hicks: Probable Cause Requirement Under The Plain View Doctrine, 21 J. Marshall L. Rev. 903 (1988), Robert J. Kuker
Arizona V. Hicks: Probable Cause Requirement Under The Plain View Doctrine, 21 J. Marshall L. Rev. 903 (1988), Robert J. Kuker
UIC Law Review
No abstract provided.
Griffin V. Wisconsin Warrantless Probation Searches - Do The State's Needs Warrant Such Strict Measures, 21 J. Marshall L. Rev. 921 (1988), William Blake Weiler
Griffin V. Wisconsin Warrantless Probation Searches - Do The State's Needs Warrant Such Strict Measures, 21 J. Marshall L. Rev. 921 (1988), William Blake Weiler
UIC Law Review
No abstract provided.
Are State Courts Enforcing The Fourth Amendment? A Preliminary Study, Craig M. Bradley
Are State Courts Enforcing The Fourth Amendment? A Preliminary Study, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Judicial Criticism, James Boyd White
Judicial Criticism, James Boyd White
Book Chapters
Today I shall talk about the criticism of judicial opinions, especially of constitutional opinions. This may at first seem to have rather little to do with our larger topic, "The Constitution and Human Values," but I hope that by the end I will be seen to be talking about that subject too. In fact I hope to show that in what I call our "criticism," our "values" are defined and made actual in most important ways.
I will begin with a double quotation. I recently heard my friend and colleague Alton Becker, who writes about language and culture, begin a …
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 …
A Linguistic Analysis Of The Meanings Of "Search" In The Fourth Amendment: A Search For Common Sense, Clark D. Cunningham
A Linguistic Analysis Of The Meanings Of "Search" In The Fourth Amendment: A Search For Common Sense, Clark D. Cunningham
Faculty Publications By Year
This article offers a new technique for analyzing and evaluating competing interpretations of a legal text and applies that technique to one of the most debated questions of modern constitutional interpretation: the meaning of "searches" in the first clause of the fourth amendment. This Technique is called the "common sense" approach because it begins with a semantic analysis of the text in terms of the sense that the key words have in everyday speech. Such analysis reveals a complex of interlocked concepts that underlies the ability of speakers to recognize meaningful uses of these words. The common sense approach then …