Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

St. Mary's University

Probable cause

Articles 1 - 3 of 3

Full-Text Articles in Law

First They Came For The Child Pornographers: The Fbi's International Search Warrant To Hack The Dark Web, Zoe Russell Jan 2017

First They Came For The Child Pornographers: The Fbi's International Search Warrant To Hack The Dark Web, Zoe Russell

St. Mary's Law Journal

Abstract forthcoming.


Racial Profiling In Texas Department Of Public Safety Traffic Stops: Race Aware Or Race Benign., Steven R. Wolfson Mar 2006

Racial Profiling In Texas Department Of Public Safety Traffic Stops: Race Aware Or Race Benign., Steven R. Wolfson

The Scholar: St. Mary's Law Review on Race and Social Justice

It is illegal for Texas law enforcement agencies to racially profile people. However, Texas continues to deal with racial profiling among law enforcement officers. This article concerns the right to travel, unmolested by state action based upon race or ethnicity. Since passing the Fourteenth Amendment and its Equal Protection Clause, our legal system under-includes, and outright excludes, certain groups of people from its promise. Such racial disparities have lived in the United States Constitution since the authors drafted the three-fifths compromise at its inception. When considering the criminality of a group of people and the overpopulation in state prisons, many …


When “Special Needs” Meet Probable Cause: Denying The Devil Benefit Of Law, Gerald S. Reamey Jan 1992

When “Special Needs” Meet Probable Cause: Denying The Devil Benefit Of Law, Gerald S. Reamey

Faculty Articles

Removing laws to pursue the lawbreaker may be well intentioned, but the result is that society is susceptible to the evils those laws protect against. The traditional Fourth Amendment safeguards--probable cause and warrants--have been abandoned due to the development of a reasonableness standard because of the presence of “special needs” that were used to justify searches. The adoption of this alternative approach to Fourth Amendment interpretation was signalled by the truly landmark case of Terry v. Ohio.

By adopting the “reasonableness” analysis, the Supreme Court altered the impact of the exclusionary rule without directly modifying the rule. After Griffin v. …