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After The Cheering Stopped: Decriminalization And Legalism's Limits, Wayne A. Logan
After The Cheering Stopped: Decriminalization And Legalism's Limits, Wayne A. Logan
Scholarly Publications
To the great relief of many, American criminal law, long known for its harshness and expansive prohibitory reach, is now showing signs of softening. A prime example of this shift is seen in the proliferation of laws decriminalizing the personal possession of small amounts of marijuana: today, almost twenty states and dozens of localities have embraced decriminalization in some shape or form, with more laws very likely coming to fruition soon. Despite enjoying broad political support, the decriminalization movement has, however, failed to curb a core feature of criminalization: police authority to arrest individuals suspected of possessing marijuana. Arrests for …
Street Legal: The Court Affords Police Constitutional Carte Blanche To Arrest, Wayne A. Logan
Street Legal: The Court Affords Police Constitutional Carte Blanche To Arrest, Wayne A. Logan
Scholarly Publications
This article discusses the Supreme Court's landmark 2001 decision Atwater v. City of Lago Vista, upholding the authority of police to execute warrantless arrests for menial offenses (there, failure to wear a seatbelt) so long as police have probable cause to support such arrests.