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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
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
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
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.
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
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
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
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
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
Search And Seizure: People V. Madera
Toward An International Fourth Amendment: Rethinking Searches And Seizures Abroad After Verdugo-Urquidez, Eric Bentley, Jr.
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
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
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
Search And Seizure: People V. Mondello
Search And Seizure: People V. Scott
Search And Seizure: People V. Matienzo
Search And Seizure: People V. Reilly
Search And Seizure: People V. Monegro
Search And Seizure: People V. Edney
Search And Seizure: People V. Saurini
Time For Direction: The Need For A Clear, Uniform Rule Regarding Searches During Child Abuse Investigations, Patrick E. O'Neill
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
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
When The Cure For The Fourth Amendment Is Worse Than The Disease, Tracey Maclin
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
Search And Seizure: People V. Gonzales
Search And Seizure: People V. Holmes
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
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
Of Myths And Mapp: A Response To Professor Magee, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.