Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Fourth Amendment
The Not-So-Simple Saga Of Edward And Barack..., Michael I. Niman Ph.D.
The Not-So-Simple Saga Of Edward And Barack..., Michael I. Niman Ph.D.
Michael I Niman Ph.D.
It reads like a political thriller. An NSA spook, Edward Snowden, meets his conscience, blows the whistle on a massive secret attack on the Fourth Amendment, and is pursued globally by an obsessed president. Spice things up with a bit of character development cross-pollinated with a history lesson. First there’s Darth President. His administration has earned the distinction of invoking the Espionage Act of 1917 (a constitutionally questionable World War One relic) more than all other presidents in the previous 96 years combined—by a factor of two. The Obama administration has charged eight people under the act. All previous administrations …
Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller
Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller
Journal Articles
Part I is a brief history of Search and Seizure law, focusing on seismic doctrinal shifts that occurred from the 1950s to the present. As a framework for the important cases, the Founders’ concerns about abuse of governmental authority are discussed, as well as the rights protected by the Fourth Amendment. Various governmental programs will also be presented, such as the War on Drugs and its call for a large-scale federal anti-drug policy, first initiated by President Richard Nixon in 1969. Part II is a description of the central reasoning presented in Florence v. Board of Chosen Freeholders, including the …
Debate: The Constitutionality Of Stop-And-Frisk In New York City, David Rudovsky, Lawrence Rosenthal
Debate: The Constitutionality Of Stop-And-Frisk In New York City, David Rudovsky, Lawrence Rosenthal
All Faculty Scholarship
Stop-and-frisk, a crime prevention tactic that allows a police officer to stop a person based on “reasonable suspicion” of criminal activity and frisk based on reasonable suspicion that the person is armed and dangerous, has been a contentious police practice since first approved by the Supreme Court in 1968. In Floyd v. City of New York, the U.S. District Court for the Southern District of New York ruled that New York City’s stop-and-frisk practices violate both the Fourth and Fourteenth Amendments. Professors David Rudovsky and Lawrence Rosenthal debate the constitutionality of stop-and-frisk in New York City in light of …