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Articles 1 - 18 of 18
Full-Text Articles in Fourth Amendment
Restrictions On The State's Use Of Mental Health Experts In Capital Trials, W. Lawrence Fitch
Restrictions On The State's Use Of Mental Health Experts In Capital Trials, W. Lawrence Fitch
Capital Defense Journal
No abstract provided.
Aliens' Fourth Amendment Rights Against Government Searches Abroad—United States V. Verdugo-Urquidez, 856 F.2d 1214 (9th Cir. 1988), Cert. Granted, 109 S. Ct. 1741 (1989), Richard J. Dolan
Washington Law Review
The "war on drugs" and the effort to contain international terrorism have raised questions of when the Constitution restricts the actions of the United States government abroad. This Note analyzes United States v. Verdugo-Urquidez, a case in which the Ninth Circuit Court of Appeals held that aliens have fourth amendment rights against United States government searches of their residences abroad. The Note agrees that the court's holding was correct, but suggests the court's "natural rights" theory was too broad to comport with prior Supreme Court limitations of aliens' constitutional rights. Instead, the Note suggests that the relationship between an alien …
The Law Of Pretrial Interrogation, Department Of Justice Office Of Legal Policy
The Law Of Pretrial Interrogation, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
The existing rules in the United States governing the questioning of suspects in custody are based on the Supreme Court's five to four decision in Miranda v. Arizona. The Court in Miranda promulgated a new, code-like set of rules for custodial questioning, including the creation of a right to counsel in connection with custodial questioning, a requirement of warnings, a prohibition of questioning unless the suspect affirmatively waives the rights set out in the warnings, and a prohibition of questioning if the suspect asks for a lawyer or indicates in any manner that he is unwilling to talk. These …
The Search And Seizure Exclusionary Rule, Department Of Justice Office Of Legal Policy
The Search And Seizure Exclusionary Rule, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
The fourth amendment guarantees the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." This guaranty is not self-executing, however, and the courts and criminal justice systems in this country have long been bedeviled by questions concerning appropriate methods of ensuring its observance. As a result of the Supreme Court's decisions in Weeks v. United States and Mapp v. Ohio, the method principally relied upon today is a judicially created rule excluding from criminal trials evidence obtained in violation of the defendant's fourth amendment rights.
The search and seizure …
"The Right Of The People To Be Secure...": Toward A Metatheory Of The Fourth Amendment, Thomas E. Baker
"The Right Of The People To Be Secure...": Toward A Metatheory Of The Fourth Amendment, Thomas E. Baker
William & Mary Law Review
No abstract provided.
Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy
Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy
Michigan Law Review
The article will consider four different types of police-obtained evidence: evidence obtained from an unconstitutional search and seizure, evidence obtained from a Miranda violation, confessions and lineup identifications obtained in violation of the sixth amendment right to counsel, and coerced confessions. My conclusions are that evidence obtained from an unconstitutional search and seizure is excluded because of the police misconduct by which it was obtained. On the other hand, evidence obtained from a Miranda violation is (or ought to be) excluded because use of that evidence compromises the defendant's procedural right not to be compelled to be a witness against …
Alien Membership In The Constitutional Compact: Fourth Amendment Reasonableness In Foreign Lands-United States V. Verdugo-Urquidez, Stephen L. Lundwall
Alien Membership In The Constitutional Compact: Fourth Amendment Reasonableness In Foreign Lands-United States V. Verdugo-Urquidez, Stephen L. Lundwall
BYU Law Review
No abstract provided.
“The Right Of The People To Be Secure. . .”: Toward A Metatheory Of The Fourth Amendment, Thomas E. Baker
“The Right Of The People To Be Secure. . .”: Toward A Metatheory Of The Fourth Amendment, Thomas E. Baker
Faculty Publications
No abstract provided.
Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, Clifford S. Fishman
Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, Clifford S. Fishman
Scholarly Articles
Part I of this article provides an overview of basic Fourth Amendment principles. Part II analyzes the Oliver and Ciraolo cases which define and distinguish residential "curtilage," protected by the Fourth Amendment, and "open fields," which the Fourth Amendment does not protect. Part III reviews the Dow decision's discussion of whether an industrial facility, like a residence, might have constitutionally protected curtilage. Part IV focuses on the Dunn decision, which dramatizes the curtilage-open field dichotomy while at the same time blurring the line between the two. Finally, part V shows how these decisions may have invalidated the "commercial curtilage" concept …
Fourth Amendment, William E. Hellerstein
National Treasury Employees Union V. Von Raab: A Broader Special Needs Warrant Exception Dilutes Fourth Amendment Protection, 22 J. Marshall L. Rev. 903 (1989), Kathryn Schierl
UIC Law Review
No abstract provided.
Gold Chains, Jumpsuits And Hunches: The Use Of Drug Courier Profiles After United States V. Sokolow, Sean William Bezark
Gold Chains, Jumpsuits And Hunches: The Use Of Drug Courier Profiles After United States V. Sokolow, Sean William Bezark
Loyola University Chicago Law Journal
No abstract provided.
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Touro Law Review
No abstract provided.
California V. Greenwood: A Trashing Of The Fourth Amendment, Richard H. Taylor
California V. Greenwood: A Trashing Of The Fourth Amendment, Richard H. Taylor
West Virginia Law Review
No abstract provided.
Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, 22 J. Marshall L. Rev. 795 (1989), Clifford S. Fishman
Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, 22 J. Marshall L. Rev. 795 (1989), Clifford S. Fishman
UIC Law Review
No abstract provided.
Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner
Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner
UIC Law Review
No abstract provided.
Search And Seizure: It's Time The Court Shed Some Light On The Use Of Ultraviolet Lamps, 22 J. Marshall L. Rev. 877 (1989), M. Jeffrey Tucker
Search And Seizure: It's Time The Court Shed Some Light On The Use Of Ultraviolet Lamps, 22 J. Marshall L. Rev. 877 (1989), M. Jeffrey Tucker
UIC Law Review
No abstract provided.
The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley
The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley
Journal Articles
This Article will, in large part, present its thesis regarding fourth amendment doctrine by employing, as an illustration, a recent application of the current approach by the Seventh Circuit Court of Appeals. In United States v. Torres, the Seventh Circuit held video surveillance constitutional and further found that the judiciary had the authority to issue warrants for such a technique. Although welcomed by prosecutors and law enforcement officials, this decision highlights the absurdity of the current interpretation of the reasonableness clause. Moreover, Torres provides a vehicle through which this Article's historical interpretation can be brought into focus under the cold …