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- Fourth Amendment (2)
- Fourth amendment (2)
- Search and seizure (2)
- Atwater (1)
- Bill of Rights (1)
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- Criminal law (1)
- Criminal offense (1)
- Custodial arrest (1)
- Fifth amendment (1)
- Law and order (1)
- Parolee (1)
- Privacy (1)
- Probable cause (1)
- Reasonableness (1)
- Rehnquist (1)
- Samson v. California (1)
- Search (1)
- Search incident to arrest (1)
- Searches (1)
- Strip search (1)
- US Supreme Court (1)
- Warrant (1)
Articles 1 - 4 of 4
Full-Text Articles in Supreme Court of the United States
Chief Justice William Rehnquist: His Law-And-Order Legacy And Impact On Criminal Justice, Madhavi M. Mccall, Michael A. Mccall
Chief Justice William Rehnquist: His Law-And-Order Legacy And Impact On Criminal Justice, Madhavi M. Mccall, Michael A. Mccall
Akron Law Review
In this article, we explore Chief Justice Rehnquist’s criminal justice decisions through an empirical analysis of the Court’s decision-making tendencies for the most recent natural court and a review of selected criminal justice decisions written by Justice Rehnquist throughout his career. To start, we limit the analysis, with only two exceptions, to decisions actually written by Justice Rehnquist. Although Chief Justice Rehnquist, in that position, had an important role in leading other justices to agree with him by assigning cases, we gleaned a substantial amount of information regarding his decisional patterns and policy preferences by analyzing the opinions he personally …
Two Wrongs Don't Make A Fourth Amendment Right: Samson Court Errs In Choosing Proper Analytical Framework, Errs In Result, Parolees Lose Fourth Amendment Protection, Rachael A. Lynch
Akron Law Review
This Note will follow the Fourth Amendment from its origins to its modern application to parolee rights, as evidenced by the Samson Court. Part II focuses on the Fourth Amendment, from the circumstances surrounding its adoption to modern court cases that have applied its tenets to prisoners, probationers, and, finally, parolees. Part III details the Supreme Court’s decision in Samson v. California, including a thorough discussion of the facts that gave rise to the case and lower court decisions. Part IV explores the problems with the Court’s framework and suggests other possible frameworks the Court could have used to come …
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
Akron Law Review
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 …
Factoring The Seriousness Of The Offense Into Fourth Amendment Equations: Strip Searches In Detention Facilities - Atwater Strikes Again, William A. Schroeder
Factoring The Seriousness Of The Offense Into Fourth Amendment Equations: Strip Searches In Detention Facilities - Atwater Strikes Again, William A. Schroeder
Akron Law Review
This article suggests, inter alia, that Atwater can and should be limited, or better yet, overruled, by the adoption of reasonableness and probable cause standards that take into account the seriousness of the offense and make custodial arrests of minor offenders, and searches directed at minor offenders, much more difficult to justify than comparable activities directed at serious offenders.