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Fourth Amendment Commons

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1994

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Institution
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Articles 1 - 30 of 45

Full-Text Articles in Fourth Amendment

Batterers Beware: West Virginia Responds To Domestic Violence With The Probable Cause Warrantless Arrest Statute, Toni L. Harvey Sep 1994

Batterers Beware: West Virginia Responds To Domestic Violence With The Probable Cause Warrantless Arrest Statute, Toni L. Harvey

West Virginia Law Review

No abstract provided.


Does The Fourth Amendment Apply To The Armed Forces?, Fredric I. Lederer, Frederic L. Borch Aug 1994

Does The Fourth Amendment Apply To The Armed Forces?, Fredric I. Lederer, Frederic L. Borch

William & Mary Bill of Rights Journal

No abstract provided.


The Continuing Evolution Of Criminal Constitutional Law In State Courts, S. Carran Daughtrey Apr 1994

The Continuing Evolution Of Criminal Constitutional Law In State Courts, S. Carran Daughtrey

Vanderbilt Law Review

Although early state constitutions were important and ambitious documents for their time, the development of state constitutional law stagnated after the drafting and adoption of the federal constitution., As the doctrine of federalism has resurfaced, however, states have begun to turn to their constitutions to grant more protection for their citizens. The states' criminal constitutional laws have changed significantly and continue to evolve today.

In the 1960s, the Warren Court expanded basic protections for criminal defendants by finding that the Fourteenth Amendment incorporates the Fourth, Fifth, and Sixth Amendments. The Court held that the Eighth Amendment prohibits cruel and unusual …


The Foreign Intelligence Surveillance Act And The Fourth Amendment: Time To Legislate A Criminal Standard For Probable Cause, Joseph M. Teefey Jr. Mar 1994

The Foreign Intelligence Surveillance Act And The Fourth Amendment: Time To Legislate A Criminal Standard For Probable Cause, Joseph M. Teefey Jr.

University of the District of Columbia Law Review

No abstract provided.


Putting The People Back Into The Fourth Amendment, Ronald J. Bacigal Mar 1994

Putting The People Back Into The Fourth Amendment, Ronald J. Bacigal

Law Faculty Publications

This Article attempts to answer such questions by examining the evolution of search-and-seizure law in America. Although the structural nature of decision making embodied in the Bill of Rights has far-ranging implications for that entire document, I limit my consideration to the unique aspects of the Fourth Amendment. In doing so I have followed the suggestion that constitutional interpretation considers a threefold question: "Does the Constitution mean what it was meant to mean, or what it has come to mean, or what it ought to mean?" Part I examines the historical involvement of juries in search-and-seizure cases; Part II considers …


Developing A Meaningful Fourth Amendment Approach To Automobile Investigatory Stops, Andrew J. Pulliam Mar 1994

Developing A Meaningful Fourth Amendment Approach To Automobile Investigatory Stops, Andrew J. Pulliam

Vanderbilt Law Review

Police officers throughout the nation face the practical application of Fourth Amendment' protections in the automobile investigatory stop context daily in a wide variety of settings. Nevertheless, the Supreme Court has yet to articulate a functional analytical approach to automobile investigatory stops. This lack of guidance is particularly troublesome when one considers that the Framers specifically designed the Fourth Amendment to prevent government officials from conducting investigations in an oppressive, unreasonable manner. The problem is not simply theoretical but has manifested itself through confusion in the lower courts. The lack of response from the Court on this issue has left …


A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb Mar 1994

A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.


Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby Jan 1994

Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby

Articles

No abstract provided.


Search And Seizure: People V. Martinez Jan 1994

Search And Seizure: People V. Martinez

Touro Law Review

No abstract provided.


Search And Seizure: People V. Madera Jan 1994

Search And Seizure: People V. Madera

Touro Law Review

No abstract provided.


Toward An International Fourth Amendment: Rethinking Searches And Seizures Abroad After Verdugo-Urquidez, Eric Bentley, Jr. Jan 1994

Toward An International Fourth Amendment: Rethinking Searches And Seizures Abroad After Verdugo-Urquidez, Eric Bentley, Jr.

Vanderbilt Journal of Transnational Law

Should the Fourth Amendment reach abroad to protect noncitizens when United States law enforcement agents conduct searches and seizures in a foreign state? The courts have assumed this to be a closed question since 1990, when the Supreme Court, in a broadly worded plurality opinion by Chief Justice Rehnquist, asserted that the Amendment protects only citizens and other members of the "national community." However, as this Article points out, the Chief Justice's plurality opinion in United States v. Verdugo-Urquidez did not represent the judgment of a majority of the Court and therefore does not foreclose continued consideration of the scope …


Pc Peep Show: Computers, Privacy, And Child Pornography, 27 J. Marshall L. Rev. 989 (1994), John C. Scheller Jan 1994

Pc Peep Show: Computers, Privacy, And Child Pornography, 27 J. Marshall L. Rev. 989 (1994), John C. Scheller

UIC Law Review

No abstract provided.


Sotto Voce: The Supreme Court's Low Key But Not Insignificant Criminal Law Rulings During The 1992 Term, William E. Hellerstein Jan 1994

Sotto Voce: The Supreme Court's Low Key But Not Insignificant Criminal Law Rulings During The 1992 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Search And Seizure: People V. Galak Jan 1994

Search And Seizure: People V. Galak

Touro Law Review

No abstract provided.


Search And Seizure: People V. Mondello Jan 1994

Search And Seizure: People V. Mondello

Touro Law Review

No abstract provided.


Search And Seizure: People V. Scott Jan 1994

Search And Seizure: People V. Scott

Touro Law Review

No abstract provided.


Search And Seizure: People V. Matienzo Jan 1994

Search And Seizure: People V. Matienzo

Touro Law Review

No abstract provided.


Search And Seizure: People V. Reilly Jan 1994

Search And Seizure: People V. Reilly

Touro Law Review

No abstract provided.


Search And Seizure: People V. Monegro Jan 1994

Search And Seizure: People V. Monegro

Touro Law Review

No abstract provided.


Search And Seizure: People V. Edney Jan 1994

Search And Seizure: People V. Edney

Touro Law Review

No abstract provided.


Search And Seizure: People V. Saurini Jan 1994

Search And Seizure: People V. Saurini

Touro Law Review

No abstract provided.


Time For Direction: The Need For A Clear, Uniform Rule Regarding Searches During Child Abuse Investigations, Patrick E. O'Neill Jan 1994

Time For Direction: The Need For A Clear, Uniform Rule Regarding Searches During Child Abuse Investigations, Patrick E. O'Neill

Kentucky Law Journal

No abstract provided.


Graveyard Robbery In The Omnibus Budget Reconciliation Act Of 1993: A Modern Look At The Constitutionality Of Retroactive Taxes, 27 J. Marshall L. Rev. 775 (1994), Andrew G. Schultz Jan 1994

Graveyard Robbery In The Omnibus Budget Reconciliation Act Of 1993: A Modern Look At The Constitutionality Of Retroactive Taxes, 27 J. Marshall L. Rev. 775 (1994), Andrew G. Schultz

UIC Law Review

No abstract provided.


Search And Seizure: Stender V. City Of Albany Jan 1994

Search And Seizure: Stender V. City Of Albany

Touro Law Review

No abstract provided.


When The Cure For The Fourth Amendment Is Worse Than The Disease, Tracey Maclin Jan 1994

When The Cure For The Fourth Amendment Is Worse Than The Disease, Tracey Maclin

UF Law Faculty Publications

No abstract provided.


Search And Seizure: People V. Bialostok Jan 1994

Search And Seizure: People V. Bialostok

Touro Law Review

No abstract provided.


Search And Seizure: People V. Gonzales Jan 1994

Search And Seizure: People V. Gonzales

Touro Law Review

No abstract provided.


Search And Seizure: People V. Holmes Jan 1994

Search And Seizure: People V. Holmes

Touro Law Review

No abstract provided.


People, Places, And Fourth Amendment Protection: The Application Of Ybarra V. Illinois To Searches Of People Present During The Execution Of Search Warrants On Private Premises, Angela S. Overgaard Jan 1994

People, Places, And Fourth Amendment Protection: The Application Of Ybarra V. Illinois To Searches Of People Present During The Execution Of Search Warrants On Private Premises, Angela S. Overgaard

Loyola University Chicago Law Journal

No abstract provided.


Of Myths And Mapp: A Response To Professor Magee, Sheri Johnson Jan 1994

Of Myths And Mapp: A Response To Professor Magee, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.