Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Criminal procedure (2)
- Evidence (2)
- Fourth Amendment (2)
- Community (1)
- Crimes (1)
-
- Crimes Against the Person (1)
- Criminal (1)
- Criminal Law and Procedure (1)
- Criminal procedure; Fourth Amendment exclusionary rule; State's right to search; individual's right to privacy; good faith exceptions; good faith standard; warrantless arrest and search; (1)
- Demonstration (1)
- Discrimination (1)
- Epton (1)
- Exclude (1)
- Exclusionary rule (1)
- Federal Courts; supervised release (1)
- Frisk (1)
- Gender and the Law (1)
- Law and Race (1)
- Law enforcement (1)
- Liberty (1)
- Lie Detector Tests (1)
- Mapp v. Ohio (1)
- Misdemeanors (1)
- Murder (1)
- Penology (1)
- Police (1)
- Probable cause (1)
- Protest (1)
- Race (1)
- Relations (1)
- Publication
-
- All Faculty Scholarship (1)
- Articles by Maurer Faculty (1)
- Cardozo Law Review (1)
- Cardozo Law Review de•novo (1)
- Chicago-Kent Law Review (1)
-
- Faculty Scholarship (1)
- Fordham Law Review (1)
- Richmond Journal of Law and the Public Interest (1)
- Richmond Public Interest Law Review (1)
- UIC Law Open Access Faculty Scholarship (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Richmond Law Review (1)
- William & Mary Bill of Rights Journal (1)
- Publication Type
Articles 1 - 13 of 13
Full-Text Articles in Entire DC Network
A Review Of The Wrongful Convictions Reader: A Comprehensive Resource For Students, Faculty, And Practitioners, Stephanie Roberts Hartung
A Review Of The Wrongful Convictions Reader: A Comprehensive Resource For Students, Faculty, And Practitioners, Stephanie Roberts Hartung
Cardozo Law Review de•novo
Professor Stephanie Roberts Hartung reviews The Wrongful Convictions Reader, a 2019 book by Russell D. Covey and Valena E. Beety.
Supervised Release, Sex-Offender Treatment Programs, And Substantive Due Process, Max B. Bernstein
Supervised Release, Sex-Offender Treatment Programs, And Substantive Due Process, Max B. Bernstein
Fordham Law Review
This Note argues that mandated PPG testing should be eliminated as a condition of federal supervised release. The test infringes on a constitutionally protected liberty interest against unwanted bodily intrusions and, as only the Second Circuit has held, any condition of supervised release that infringes on a constitutionally protected right may be mandated only where it is narrowly tailored to serve a compelling government interest. Because there are a number of viable, less intrusive alternatives, PPG testing as it stands today is not narrowly tailored enough to serve a compelling government interest.
Copwatching, Jocelyn Simonson
"To Corral And Control The Ghetto": Stop, Frisk, And The Geography Of Freedom, Anders Walker
"To Corral And Control The Ghetto": Stop, Frisk, And The Geography Of Freedom, Anders Walker
University of Richmond Law Review
While criminal law scholar Michelle Alexander has shown that stop and frisks often serve as the gateway into the criminal justice system for young men of color, she occludes the complex forces that led to their rise." This article seeks to identify those forces, relating the rise of stop and frisk rules to liberal politics, Cold War concerns, and spatial dynamics. To illustrate, this article will proceed in three parts. Part I will demonstrate how Mapp v. Ohio coincided with judicial frustration at police intrusions into private, intimate space-including private thought-precisely at a time when the United States sought to …
“To Corral And Control”: Stop, Frisk, And The Geography Of Freedom, Anders Walker
“To Corral And Control”: Stop, Frisk, And The Geography Of Freedom, Anders Walker
All Faculty Scholarship
This article revisits the emergence of stop and frisk law in the 1960s to make three points. One, the impetus for formalizing police stops arose midst confusion generated by Mapp v. Ohio, the landmark Warren Court opinion incorporating the exclusionary rule to the states. Two, police over-reactions to Mapp intersected with fears of urban riots, leading to a formalization of stop and frisk rules that aimed at better containing inner city minority populations. Three, the heightened control of urban streets coupled with the heightened protection of the private home bore geographic implications, interiorizing liberty in ways that perpetuated a national …
Such Visible Fiction: The Expansion Of Scott V. Harris To Prisoner Eighth Amendment Excessive Force Claims, Nina Frank
Such Visible Fiction: The Expansion Of Scott V. Harris To Prisoner Eighth Amendment Excessive Force Claims, Nina Frank
Cardozo Law Review
No abstract provided.
Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices, Joshua A. Engel
Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices, Joshua A. Engel
Richmond Public Interest Law Review
GPS tracking devices have become inexpensive, small, and can easily be attached to a vehicle quickly. Law enforcement is increasingly using these devices to track the exact location of a suspect's vehicle over a long period of time. In most instances, relying on Supreme Court cases from the early 1980's, law enforcement has not sought a warrant before using these devices. This paper examines how courts have attempted to apply Supreme Court precedents based on "primitive" tracking devices to modern GPS tracking devices. These precedents established that the use of electronic tracking devices on vehicles did not constitute a search …
Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices, Joshua A. Engel
Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices, Joshua A. Engel
Richmond Journal of Law and the Public Interest
GPS tracking devices have become inexpensive, small, and can easily be attached to a vehicle quickly. Law enforcement is increasingly using these devices to track the exact location of a suspect's vehicle over a long period of time. In most instances, relying on Supreme Court cases from the early 1980's, law enforcement has not sought a warrant before using these devices. This paper examines how courts have attempted to apply Supreme Court precedents based on "primitive" tracking devices to modern GPS tracking devices. These precedents established that the use of electronic tracking devices on vehicles did not constitute a search …
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 …
1984 Arrives: Thought(Crime), Technology, And The Constitution, William Federspiel
1984 Arrives: Thought(Crime), Technology, And The Constitution, William Federspiel
William & Mary Bill of Rights Journal
No abstract provided.
The Middle Class Fourth Amendment, Craig M. Bradley
The Middle Class Fourth Amendment, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Criminal Procedure—Good Faith, Big Brother, And You: The United States Supreme Court's Latest Good Faith Exception To The Fourth Amendment Exclusionary Rule. Arizona V. Evans, 115 S. Ct. 1185 (1995)., Elisa Masterson White
Criminal Procedure—Good Faith, Big Brother, And You: The United States Supreme Court's Latest Good Faith Exception To The Fourth Amendment Exclusionary Rule. Arizona V. Evans, 115 S. Ct. 1185 (1995)., Elisa Masterson White
University of Arkansas at Little Rock Law Review
No abstract provided.
Waiver Of Constitutional Issues In Criminal Cases: Confusion In The Illinois Supreme Court, 11 N. Ill. U. L. Rev. 55 (1990), Timothy P. O'Neill
Waiver Of Constitutional Issues In Criminal Cases: Confusion In The Illinois Supreme Court, 11 N. Ill. U. L. Rev. 55 (1990), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.