Open Access. Powered by Scholars. Published by Universities.®
Law Enforcement and Corrections Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (88)
- University of Michigan Law School (64)
- SelectedWorks (18)
- Georgia State University College of Law (11)
- Selected Works (11)
-
- Touro University Jacob D. Fuchsberg Law Center (11)
- American University Washington College of Law (7)
- Pepperdine University (7)
- UIC School of Law (6)
- BLR (5)
- Maurer School of Law: Indiana University (5)
- Northwestern Pritzker School of Law (5)
- University of Pennsylvania Carey Law School (5)
- University of Baltimore Law (4)
- University of Colorado Law School (4)
- University of Pittsburgh School of Law (4)
- University of Washington School of Law (4)
- Boston University School of Law (3)
- Brooklyn Law School (2)
- University of Arkansas, Fayetteville (2)
- University of Missouri-Kansas City School of Law (2)
- University of Richmond (2)
- Washington and Lee University School of Law (2)
- William & Mary Law School (2)
- Chicago-Kent College of Law (1)
- Collin College (1)
- Duke Law (1)
- Duquesne University (1)
- Fordham Law School (1)
- Loyola Marymount University and Loyola Law School (1)
- Keyword
-
- Police (52)
- Evidence (42)
- Fourth Amendment (28)
- United States Supreme Court (25)
- Admissibility (20)
-
- Exclusionary rule (16)
- Confessions (15)
- Fifth Amendment (15)
- Search and seizure (15)
- Searches (15)
- Supreme Court (15)
- Warrant (15)
- Miranda v. Arizona (14)
- Search (14)
- Constitution (13)
- Law (13)
- Privacy (13)
- Law enforcement (12)
- Criminal Law and Procedure (11)
- Custodial interrogations (11)
- Sentencing (11)
- Arrest (10)
- Seizure (10)
- Seizures (10)
- Constitutional Law (9)
- Courts (9)
- DNA (9)
- Law Enforcement and Corrections (9)
- Probable cause (9)
- Sixth Amendment (9)
- Publication Year
- Publication
-
- Seattle University Law Review (86)
- Michigan Law Review (34)
- Articles (17)
- Georgia State University Law Review (11)
- Touro Law Review (11)
-
- All Faculty Scholarship (8)
- Edward Ivan Cueva (7)
- Pepperdine Law Review (7)
- Book Chapters (6)
- Liz Campbell (6)
- UIC Law Review (6)
- ExpressO (5)
- Indiana Law Journal (5)
- Reports (5)
- University of Michigan Journal of Law Reform (5)
- Faculty Scholarship (4)
- Faculty Working Papers (4)
- Publications (4)
- Michigan Journal of International Law (3)
- Arkansas Law Review (2)
- Faculty Works (2)
- James B Johnston (2)
- Michigan Law Review First Impressions (2)
- University of Richmond Law Review (2)
- Washington Law Review (2)
- Washington and Lee Law Review (2)
- Adam Lamparello (1)
- American University Journal of Gender, Social Policy & the Law (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Book Chapters, & Popular Press (1)
- Publication Type
- File Type
Articles 271 - 299 of 299
Full-Text Articles in Law Enforcement and Corrections
Search By Consent, Jerold H. Israel
Search By Consent, Jerold H. Israel
Book Chapters
My topics this morning are eavesdropping, search by consent and entrance gained by fraud and deceit. You should be forewarned that these are areas in which the law has been "on the move" for the past few years. Changes have occurred and still more will take place in the future. I will attempt to anticipate some of those developments, but, obviously, the only safe course is keeping up-to-date through continuing education. In covering my assigned topics, I hope to paint with a rather broad brush. It has always been my feeling that the pohce officer cannot be expected to learn …
The Citizen On Trial: The New Confession Rules, Yale Kamisar
The Citizen On Trial: The New Confession Rules, Yale Kamisar
Articles
Commenting on why it has taken the United States so long to apply "the privilege against self-incrimination and the right to counsel to the proceedings in the stationhouse as well as to those in the courtroom" - as the Supreme Court did in Miranda v. Arizona - this author notes that, "To a large extent this is so because here, as elsewhere, there has been a wide gap between the principles to which we aspire and the practices we actually employ."
Police Interrogation And The Supreme Court--The Latest Round, Jerold H. Israel
Police Interrogation And The Supreme Court--The Latest Round, Jerold H. Israel
Book Chapters
My first task is to explain to some degree the nature of the problem embodied in our title. This book has been designated as "Escobedo-The Second Round." What we will be discussing is a series of cases, decided in June, 1966, the most noteworthy of which is Miranda v. Arizona [384 U.S. 436 (1966)]. In these cases, the United States Supreme Court prescribed a new set of standards governing the introduction in evidence of statements obtained from the defendant through police interrogation. Actually, to a degree these standards were not entirely new. They had been suggested, at least in part, …
Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva
Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington
Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington
Michigan Law Review
We have chosen to focus here upon judicial involvement (1) in determining whether arrest and search warrants should issue and (2) in reviewing such decisions after they have been executed (and, perhaps, made) by police officials. A comparison of some recent findings respecting the actual practice at the trial level with the "ideal" as set forth in appellate opinions may allow some conclusions to be drawn both as to the present effectiveness of appellate rulings on these subjects and as to the ultimate feasibility of further implementation of those rulings. Finally, since the exclusionary rule is, theoretically at least, one …
Police Refusal Of A Blood Test As Suppression Of Evidence
Police Refusal Of A Blood Test As Suppression Of Evidence
Washington and Lee Law Review
No abstract provided.
Search And Seizure - Suppression Of Evidence - Judicial Attitude Toward Enforcement, John B. Waite
Search And Seizure - Suppression Of Evidence - Judicial Attitude Toward Enforcement, John B. Waite
Michigan Law Review
The "numbers game" is today the most profitable of the wide-spread gambling rackets. And like all organized gambling it is a focal source and the financial support of far more serious crimes. At the same time it is one of the most difficult forms of crime for the police to control. It needs no costly installations which the police can confiscate or destroy. Unlike "house" gambling it cannot practically be harassed out of business. It can be operated by one man alone, if he survives failure to pay off for lack of capital; or by a syndicate with capital enough …
Scientific Investigation And Defendants' Rights, B. J. George Jr.
Scientific Investigation And Defendants' Rights, B. J. George Jr.
Michigan Law Review
Advances in science, medicine and industry have made much of the world a more pleasant place in which to live. In general more men are living a physically more satisfying life in more comfortable surroundings than preceding generations. But with this has come a parallel increase in criminality to the point that the term "crime wave" is heard with increasing frequency. Many crimes are facilitated in their commission by adaption or application of new scientific discoveries by criminal elements. A natural consequence is that already overburdened police departments turn as quickly as is financially possible to new scientific techniques in …
Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva
Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Judge And The Crime Burden, John Barker Waite
Judge And The Crime Burden, John Barker Waite
Michigan Law Review
One does not happily charge the judiciary with responsibility for the country's burden of crime, but the responsibility does in fact exist. Judges, though they may not encourage crime, interfere with its prevention in various ways. They deliberately restrict police efficiency in the discovery of criminals. They exempt from punishment many criminals who are discovered and whose guilt is evident. More seriously still, they so warp and alter the public's attitude toward crime and criminals as gravely to weaken the country's most effective crime preventive.
Criminal Law - Scope Of Lawful Search And Seizure Without Warrant When Incident To Arrest, Richard M. Adams S.Ed.
Criminal Law - Scope Of Lawful Search And Seizure Without Warrant When Incident To Arrest, Richard M. Adams S.Ed.
Michigan Law Review
Acting on information that defendants were engaged in the "numbers racket" in violation of the Michigan gambling laws, police officers picked up three of the defendants in an automobile, took them to the police station, and proceeded to the home of their accomplice, Abbey Clay. On being admitted to the residence, the officers placed Abbey Clay under arrest and, despite her objections, promptly searched the L-shaped room in which they were standing when the arrest was made. Although the officers did not have a search warrant, they looked through defendant's pocketbook, magazine rack, and a cardboard box which was in …
Evidence - Wiretapping And The Congress, Richard W. Pogue S.Ed.
Evidence - Wiretapping And The Congress, Richard W. Pogue S.Ed.
Michigan Law Review
The familiar cry that "there ought to be a law" is frequently raised concerning the practice which Justice Holmes long ago characterized as "dirty business" - the tapping of telephone wires. Although existing legislation on both federal and state levels deals with interception of telephone messages, the almost universal conclusion of commentators on the subject has been that many of the present day statutes are inadequate. It is particularly apparent that the famous section 605 of the Federal Communications Act of 1934 has long been in need of replacement or thorough revision. The purpose of this comment is to examine …
Freedom From Unreasonable Search And Seizure-A Second Class Constitutional Right?, Charles A. Reynard
Freedom From Unreasonable Search And Seizure-A Second Class Constitutional Right?, Charles A. Reynard
Indiana Law Journal
No abstract provided.
Evidence-Police Regulation By Rules Of Evidence-Results Of The Mcnabb Case, John B. Waite
Evidence-Police Regulation By Rules Of Evidence-Results Of The Mcnabb Case, John B. Waite
Michigan Law Review
In McNabb v. United States the Supreme Court promulgated novel judicial legislation, the gist of which is that confessions or admissions of crime made while the accused is in custody without having been brought before a magistrate as required by law are inadmissible in evidence. That judicial pronouncement assumed that the utterances were made without compulsion, and prohibited their use solely because at the time they were made the officers of justice were themselves disregarding the law-the procedural requirement that persons arrested be taken immediately before a magistrate. In Justice Frankfurter's phrase, "a conviction resting on evidence secured through such …
Evidence-Police Regulation By Rules Of Evidence, John Barker Waite
Evidence-Police Regulation By Rules Of Evidence, John Barker Waite
Michigan Law Review
The judicial rules of Evidence, said their great expounder, "were never meant to be an indirect process of punishment." Yet twice the Supreme Court has promulgated new rules of evidence for precisely that purpose. The rule that evidence is inadmissible, regardless of its relevance and materiality, if it was obtained by unreasonable search was first suggested by Justice Bradley, who wrote the majority opinion in Boyd v. United States in 1886. The other rule was voiced in 1943 by Justice Frankfurter, writing the majority opinion in McNabb v. United States. And each rule demonstrates the inherent evil of judicial …
Searches And Seizures - Constitutionality Of Statute Providing For Issuance Of Search Warrant On Affidavit On Information And Belief, William C. Wetherbee
Searches And Seizures - Constitutionality Of Statute Providing For Issuance Of Search Warrant On Affidavit On Information And Belief, William C. Wetherbee
Michigan Law Review
Plaintiff demanded a writ of prohibition against the defendant, a justice of the peace, to prevent his proceeding to determine ownership of trademarked milk bottles seized from plaintiff's milk truck under a search warrant. A statute required the issuance of a search warrant when any person made affidavit that he had reason to believe and did believe that trademarked receptacles were being wrongfully held. Held, writ of prohibition granted since the statute was unconstitutional in requiring the issuance of a search warrant without a showing of facts constituting probable cause, and in allowing the affiant instead of the judicial …
Evidence - Federal Communications Act - Admissibility Of Evidence Which Became Accessible By Wire-Tapping, Edmond F. Devine
Evidence - Federal Communications Act - Admissibility Of Evidence Which Became Accessible By Wire-Tapping, Edmond F. Devine
Michigan Law Review
Petitioners were convicted under a federal indictment for frauds on the revenue. The United States Supreme Court reversed the conviction on the ground it was obtained by use of evidence secured in violation of section 605 of the Communications Act of 1934 by wire-tapping. A new trial resulted in conviction and eventually the Supreme Court granted a writ of certiorari to consider the question whether evidence indirectly obtained by that wire-tapping could be admitted despite the first holding. Held, such evidence is inadmissible on the basis that to rule otherwise would largely nullify the doctrine previously laid down. Nardone …
Arrest - Searches And Seizures - Reasonable Ground For Arrest Without Warrant, Michigan Law Review
Arrest - Searches And Seizures - Reasonable Ground For Arrest Without Warrant, Michigan Law Review
Michigan Law Review
The defendant was indicted for receiving and concealing seventy grains of heroin unlawfully imported into the United States. The government proposed to introduce the seized drug in evidence at the trial of the defendant. It appeared that the federal narcotic agent who had made the arrest without a warrant had seen the defendant enter and leave a grocery store. in which narcotic transactions were known to have taken place, He knew the defendant to be an addict, and immediately preceding the arrest, in accordance with a prearranged code, he had been informed by a companion of the defendant, known to …
Searches And Seizures - Effect Of Coercion - Waiver Of Constitutional Privilege By Wife In Husband's Absence, Michigan Law Review
Searches And Seizures - Effect Of Coercion - Waiver Of Constitutional Privilege By Wife In Husband's Absence, Michigan Law Review
Michigan Law Review
The defendant and his son were shot as prowlers while they were taking a "short-cut" through the informant's barnyard. They managed to reach home, where after a physician's treatment they were placed under arrest and taken to jail on a charge of stealing the informant's chickens. Later some of the arresting officers returned to the defendant's home without a search warrant. Whether or not the wife's consent was secured is disputed, but a search was made of the defendant's henhouse, and thirty-one chickens were seized as stolen property. Before the commencement of the trial, a motion filed by the defendant …
Search And Seizure - Burden Of Proving Illegality Of Search For Purpose Of Suppressing Evidence
Search And Seizure - Burden Of Proving Illegality Of Search For Purpose Of Suppressing Evidence
Michigan Law Review
Defendant was charged with unlawful possession of five mink skins during the closed season. His motion made before trial to suppress the evidence because of unlawful seizure was denied. He was convicted, and now appeals assigning the refusal to suppress the evidence as error. Held, judgment affirmed. The court said, "Upon a motion to suppress evidence because of an unlawful seizure, the burden of establishing that his rights have been transgressed is upon the party asserting such transgression." State v. Drew, 217 Wis. 216, 257 N. W. 681 (1934).
Searches And Seizures - Reasonableness Of Arrest - Use Of Evidence Secured Through Unreasonable Arrest- Statutory Changes
Michigan Law Review
Police officers patrolling Detroit streets in a radio-equipped police car stopped a taxicab in which defendants Stein and Massie were riding. From the statement of the court, the officers' attention was attracted to the cab "because it was 'driving pretty fast,' about 32 miles per hour." The police car pursued it for a block or more; as it drew abreast of the cab defendant Stein was seen to reach into his pocket as if to take something out and put it behind him. "There was something about the cab, probably aside from its speed, which suggested to officer Sullivan that …
Criminal Law And Procedure - Searches And Seizures - Sufficiency Of Description In Warrant
Criminal Law And Procedure - Searches And Seizures - Sufficiency Of Description In Warrant
Michigan Law Review
Prosecuted for unlawful possession of liquor, defendant moved to suppress the evidence on the ground that the following description in the warrant, under authority of which the liquor was seized, fails sufficiently to describe the premises searched: " . . . on the northwest cor. in Block 'A,' Robinson Addition in the City or Town of Elk City (Cor. 9th and Oliver Sts. Beckham County, State of Oklahoma)." Block A was originally not subdivided and was without streets. It was later subdivided and 9th and Oliver Streets crossed near the center of the block. The house searched was on Lot …
Searches And Seizures - Allegations Necessary For Warrant
Searches And Seizures - Allegations Necessary For Warrant
Michigan Law Review
The defendant objected to the use in evidence of intoxicating liquor on the ground that it was seized during a search of his premises under an insufficient search warrant. Held, the search warrant was issued without a sufficient showing that reasonable and probable cause existed for the search, there being neither a positive allegation of facts in the affidavit for the warrant nor a hearing of evidence by the issuing magistrate. Smith v. State (Ind. 1931) 177 N. E. 898.
Assault And Battery-Police Officer-Third Degree
Assault And Battery-Police Officer-Third Degree
Indiana Law Journal
No abstract provided.
Telegraph, Telephone And Wireless-Tapping
Telegraph, Telephone And Wireless-Tapping
Michigan Law Review
A recent Federal case, Olmstead v. United States, suggests an interesting problem. Evidence obtained by Federal authorities, who tapped private telephone wires, was admitted in a criminal prosecution. It seems to be the general rule that fraudulently, wrongfully, or illegally procured evidence is admissible, if otherwise admissible. And certainly the courts have required telegraph companies to disclose messages to aid criminal prosecutions. Telegraph operators have been compelled to testify. And even where a state statute forbade disclosure of the message by the company, a subpoena duces tecum has compelled the production of a telegram to aid the courts. Testimony …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Army and Navy--Enlistment of Minor--Discharge; arrest--Authority to Arrest Without Warrant--"In His Presence"--"Within His Immediate Knowledge"; Bankruptcy--The Right of a Wife to Recover an Equitable Claim Against Her Husband's Estate in Bankruptcy; Bankruptcy--Title of Trustee as Against Unrecorded Contract of Conditional Sale--Effect of Amendment of 1910; Banks and Banking--Entry of Deposit for Collection--Insolvency of Banks Agent; Bills and Notes--Stipulations for Attorney's Fees--Validity; Corporations--Sale by Corporation to Sole Stockholder--Notice; Criminal Law--Adjournment of Court to House of a Sick Witness; Criminal Law--Error in Admission of Evidence; Damages--Breach of Contract to Carry Dead Body; Damages--Denial of Recovery for Mental Suffering Under Statute; Equity--Equitable Set-Off …
Note And Comment, Clarence E. Eldridge, Ben H. Dewey, Mckee Robison
Note And Comment, Clarence E. Eldridge, Ben H. Dewey, Mckee Robison
Michigan Law Review
Limitation of the Amount of the Common Carrier's Liability--Hepburn Act; Surety's Right to Exoneration; Protection of Rights of Bona Fide Purchasers of Personal Property; The Time at Which a Political Aspirant Becomes a Candidate Within the Meaning of the Modern Primary Election Law; When are Letters Written by a Husband to His Wife Not Privileged?
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Aliens - Right to Take Land by Descent - Loss of State's Right to Escheat; Bailment - Liability of Incidental Bailee; Bankruptcy - Preferences - Franchise Tax; Bankruptcy - Transfers Required to be Recorded - Preferences; Bills and Notes - Bona Fide Purchaser - Notice of Want of Power in Transferrer; Bills and Notes - Unrestricted Negotiability of Bills of Lading; Constitutional Law - Commerce Clause - Statute Relating to Interstate Carriers as Employers; Constitutional Law - Indeterminate Sentence Law; Courts - Rules of Property - Stare Decisis; Criminal Law - Exclusion of Public from Trials; Criminal Law - Impeachment …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Action by Trustee--Right of Set-Off; Bills and Notes--forged Check--Payment--Recovery Back; Boundaries--Artificial Bodies of Water; Carriers--who are Passengers--Fraud in Securing Carriage; Corporations--Exclusive Privileges--Statutory Construction; Corporations--Penal Offense--Construction of Statute; Costs--change of Venue--Liability of County; Criminal law--Proximate Cause--Deposit of Obscene Matter in the Mail; Damages--Status of Dead Bodies--Mutilation--Mental Suffering; Easements--Adverse Possession--Color of Title; Eminent Domain--Telephone Poles in Highway--No Additional Burden; Equity--Injunction Against Prosecution; Evidence--Aliens--Burden of Proof in Deportation Proceedings; False Imprisonment--Joinder of Causes of Action; Garnishment--Liability of Executor; Homestead--alienation by Widow--Abandonment--Limitation of Actions; Insurance--Interest of Owner in Property--Sole and Unconditional Owner; Insurance--Sale of One Company to Another--rights of Policy-Holders and Agents of the …