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Articles 1 - 30 of 32
Full-Text Articles in Fourth Amendment
The Mosaic Theory In Fourth Amendment Jurisprudence: The Last Bastion Of Privacy In A Camera-Surveilled World, Auggie Alvarado
The Mosaic Theory In Fourth Amendment Jurisprudence: The Last Bastion Of Privacy In A Camera-Surveilled World, Auggie Alvarado
St. Mary's Law Journal
No abstract provided.
Private Police Regulation And The Exclusionary Remedy: How Washington Can Eliminate The Public/Private Distinction, Jared Rothenberg
Private Police Regulation And The Exclusionary Remedy: How Washington Can Eliminate The Public/Private Distinction, Jared Rothenberg
Washington Law Review
Private security forces such as campus police, security guards, loss prevention officers, and the like are not state actors covered by the Fourth Amendment’s prohibition against unreasonable searches and seizures nor the Fifth Amendment’s Miranda protections. As members of the umbrella category of “private police,” these private law enforcement agents often obtain evidence, detain individuals, and elicit confessions in a manner that government actors cannot, which can then be lawfully turned over to the government. Though the same statutory law governing private citizens (assault, false imprisonment, trespass, etc.) also regulates private police conduct, private police conduct is not bound by …
Gone Fishing: Casting A Wide Net Using Geofence Warrants, Ryan Tursi
Gone Fishing: Casting A Wide Net Using Geofence Warrants, Ryan Tursi
Washington Law Review
Technology companies across the country receive requests from law enforcement agencies for cell phone location information near the scenes of crimes. These requests rely on the traditional warrant process and are known as geofence warrants, or reverse location search warrants. By obtaining location information, law enforcement can identify potential suspects or persons of interest who were near the scene of a crime when they have no leads. But the use of this investigative technique is controversial, as it threatens to intrude upon the privacy of innocent bystanders who had the misfortune of being nearby when the crime took place. Innocent …
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
Seattle University Law Review
In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children, and low-income children. …
Justice Sonia Sotomayor: The Court’S Premier Defender Of The Fourth Amendment, David L. Hudson Jr.
Justice Sonia Sotomayor: The Court’S Premier Defender Of The Fourth Amendment, David L. Hudson Jr.
Seattle University Law Review
This essay posits that Justice Sotomayor is the Court’s chief defender of the Fourth Amendment and the cherished values it protects. She has consistently defended Fourth Amendment freedoms—in majority, concurring, and especially in dissenting opinions. Part I recounts a few of her majority opinions in Fourth Amendment cases. Part II examines her concurring opinion in United States v. Jones. Part III examines several of her dissenting opinions in Fourth Amendment cases. A review of these opinions demonstrates what should be clear to any observer of the Supreme Court: Justice Sotomayor consistently defends Fourth Amendment principles and values.
Recalibrating Suspicion In An Era Of Hazy Legality, Deborah Ahrens
Recalibrating Suspicion In An Era Of Hazy Legality, Deborah Ahrens
Seattle University Law Review
After a century of employing varying levels of prohibition enforced by criminal law, the United States has entered an era where individual states are rethinking marijuana policy, and the majority of states have in some way decided to make cannabis legally available. This symposium Article will offer a description of what has happened in the past few years, as well as ideas for how jurisdictions can use the changing legal status of cannabis to reshape criminal procedure more broadly. This Article will recommend that law enforcement no longer be permitted use the smell of marijuana as a reason to search …
Judges Do It Better: Why Judges Can (And Should) Decide Life Or Death, Andrew R. Ford
Judges Do It Better: Why Judges Can (And Should) Decide Life Or Death, Andrew R. Ford
Dickinson Law Review (2017-Present)
Following its decision in Furman v. Georgia, the Supreme Court of the United States has attempted to standardize procedures that states use to subject offenders to the ultimate penalty. In practice, this attempt at standardization has divided capital sentencing into two distinct parts: the death eligibility decision and the death selection decision. The eligibility decision addresses whether the sentencer may impose the death penalty, while the selection decision determines who among that limited subset of eligible offenders is sentenced to death. In Ring v. Arizona, the Court held for the first time that the Sixth Amendment right to …
Recent Development: Sellman V. State: Absent Additional Circumstances, Consent To A Vehicle Search In A High Crime Area Does Not Create Reasonable Suspicion To Justify A Terry Frisk Of A Passenger Who Displays Nervous Behavior; Theft From A Vehicle Does Not Automatically Infer That An Individual Is Armed, Ashley N. Simmons
University of Baltimore Law Forum
The Court of Appeals of Maryland held that, under the totality of the circumstances, a law enforcement officer did not have reasonable suspicion to conduct a Terry frisk of a passenger during a traffic stop. Sellman v. State, 449 Md. 526, 544, 144 A.3d 771, 782 (2016). The court ruled that a police department policy authorizing officers to conduct Terry frisks based on consent to search a vehicle violates the Fourth Amendment. Id. at 557, 144 A.3d at 790. The court further held that the crime of theft from vehicles does not imply the possession of a deadly weapon. Id. …
Recent Development: Varriale V. State: The State May Store And Use A Voluntarily Provided Dna Sample And Resultant Profile For Any Future Criminal Investigations, Unless The Suspect Provides An Express Limitation, C. Harris Schlecker
University of Baltimore Law Forum
The Court of Appeals of Maryland held that when a suspect does not expressly limit consent to DNA testing, the Fourth Amendment does not prevent the State from storing and using his voluntarily provided DNA in later, unrelated criminal investigations.
Filming The Police: An Interference Or A Public Service, Aracely Rodman
Filming The Police: An Interference Or A Public Service, Aracely Rodman
St. Mary's Law Journal
Abstract forthcoming.
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Touro Law Review
No abstract provided.
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens
Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens
Seattle University Law Review
This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …
Fourth Amendment Federalism And The Silencing Of The American Poor, Andrew E. Taslitz
Fourth Amendment Federalism And The Silencing Of The American Poor, Andrew E. Taslitz
Chicago-Kent Law Review
In Virginia v. Moore, police officers searched Moore incident to an arrest for a minor traffic infraction for which Virginia statutory law in fact prohibited arrest. The officers found cocaine on Moore's person, arresting him for that crime too. The United States Supreme Court ultimately found that the arrest for the traffic infraction and the subsequent search were valid under the federal Constitution's Fourth Amendment. Central to the Court's reasoning was its insistence that the state statute was irrelevant. Any contrary conclusion, explained the Court, would wrongly make the Fourth Amendment's meaning vary from place to place. Professor Taslitz …
Contingent Constitutionalism: State And Local Criminal Laws And The Applicability Of Federal Constitutional Rights, Wayne A. Logan
Contingent Constitutionalism: State And Local Criminal Laws And The Applicability Of Federal Constitutional Rights, Wayne A. Logan
Scholarly Publications
Americans have long been bound by a shared sense of constitutional commonality, and the Supreme Court has repeatedly condemned the notion that federal constitutional rights should be allowed to depend on distinct state and local legal norms. In reality, however, federal rights do indeed vary, and they do so as a result of their contingent relationship to the diversity of state and local laws on which they rely. Focusing on criminal procedure rights in particular, this Article examines the benefits and detriments of constitutional contingency, and casts in new light many enduring understandings of American constitutionalism, including the effects of …
Anthony V. City Of New York, Roy G. Locke Jr.
Criminal Law, Marla Graff Decker, Stephen R. Mccullough
Criminal Law, Marla Graff Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard
Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard
University of Richmond Law Review
No abstract provided.
Car Wars: The Fourth Amendment's Death On The Highway, David A. Harris
Car Wars: The Fourth Amendment's Death On The Highway, David A. Harris
Articles
In just the past few terms, the Supreme Court has issued several decisions that have increased police discretion to stop and question drivers and passengers and search both these persons and their vehicles. These cases are only the latest in a line that has slowly but surely made it ever easier for police to do these things without being concerned with procedural or constitutional obstacles.
This article traces the history of those cases, and argues that, however much protection the Fourth Amendment might accord to an ordinary citizen in his or her home or even walking down the street, it …
Claims For Damages For Violations Of State Constitutional Rights - Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz
Claims For Damages For Violations Of State Constitutional Rights - Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz
Touro Law Review
No abstract provided.
Race, Cops, And Traffic Stops, Angela J. Davis
Race, Cops, And Traffic Stops, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
This article discusses the Supreme Court's failure to provide a clear and effective remedy for discriminatory pretextual traffic stops. The first part explores the discretionary nature of pretextual stops and their discriminatory effect on African-Americans and Latinos. Then, the article examines Whren v. United States, a Supreme Court case in which the petitioners claimed that these “pretextual stops” violate the Fourth Amendment to the Constitution and are racially discriminatory. The Supreme Court rejected the claim, upholding the constitutionality of pretextual stops based on probable cause and noting that claims of racial discrimination must be challenged under the Equal Protection Clause. …
Tapping The State Court Resource, Ann Althouse
Tapping The State Court Resource, Ann Althouse
Vanderbilt Law Review
Supreme Court opinions about federal jurisdiction usually feature painstaking analysis of the text of statutes and constitutional clauses and the intentions of those who authored them, or they are based on long-standing traditions of equity jurisprudence. But, as the Court's many divided decisions attest, these materials are scarcely clear enough to determine all outcomes. Thus, the Justices often seem to weigh various interests when they draw the lines around federal jurisdiction. The Court sometimes openly acknowledges this interest weighing, referring to "state interests" and "federal interests."
Justice Stevens has taken exception to this process. He has ob- served that much …
The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman
The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman
Publications
No abstract provided.
Fourth Amendment, William E. Hellerstein