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Full-Text Articles in Law
Dangerous Balance: The Ninth Circuit's Validation Of Expansive Dna Testing Of Federal Parolees, Claire S. Hulse
Dangerous Balance: The Ninth Circuit's Validation Of Expansive Dna Testing Of Federal Parolees, Claire S. Hulse
Golden Gate University Law Review
Part I provides a background of federal DNA testing legislation, the Fourth Amendment implications of DNA testing and two DNA testing cases leading up to the U.S. v. Kincade decision. Part II analyzes the plurality and dissenting opinions of the U.S. v. Kincade decision. Part III argues that the plurality's balancing test has a potential for inappropriate application. Finally, Part IV concludes that the Kincade balancing test should be narrowly applied as precedent after a meaningful balancing of interests, and not as a facade for ever-expanding government interests.
Throw A Dog A Suspect: When Using Police Dogs Becomes An Unreasonable Use Of Force Under The Fourth Amendment, Lisa K. Sloman
Throw A Dog A Suspect: When Using Police Dogs Becomes An Unreasonable Use Of Force Under The Fourth Amendment, Lisa K. Sloman
Golden Gate University Law Review
This Note contends that a dog bite lasting up to a minute is excessive force under these circumstances and violated Miller's Fourth Amendment right against unreasonable seizures. Part I of this Note provides a general synthesis of current Fourth Amendment seizure law as it applies to using police dogs. Part II discusses the facts of Miller and the court's application of current case law to those facts. Finally, Part III argues that the court failed to properly apply existing Fourth Amendment seizure law to the facts in Miller, and therefore, the force used was unreasonable.
Criminal Procedure - Powers V. Plumas Unified School District, Marnee Milner
Criminal Procedure - Powers V. Plumas Unified School District, Marnee Milner
Golden Gate University Law Review
In a matter of first impression, the Ninth Circuit in Powers v. Plumas Unified School District addresses whether a dog sniff of a person constitutes a search under the Fourth Amendment. Because the United States Supreme Court has yet to address this issue, there is a split among circuit courts. The Fifth Circuit, contrary to the Seventh Circuit, holds that a dog sniff of a person constitutes a search. The Ninth Circuit agrees with the Fifth Circuit. In Powers, the Ninth Circuit found that a dog sniff of the plaintiff deprived him of his constitutional right to be free from …
Criminal Procedure - United States V. $124,570 Us Currency: Disinfecting Administrative Airport Security Searches, Gary Garrigues
Criminal Procedure - United States V. $124,570 Us Currency: Disinfecting Administrative Airport Security Searches, Gary Garrigues
Golden Gate University Law Review
No abstract provided.
The Curtilage Of Oliver V. United States And United States V. Dunn: How Far Is Too Far?, Thomas E. Curran Iii
The Curtilage Of Oliver V. United States And United States V. Dunn: How Far Is Too Far?, Thomas E. Curran Iii
Golden Gate University Law Review
Oliver and Dunn present substantial difficulties to police and courts attempting to implement the rules of the cases in the field and courtrooms. An examination of the two cases reveals that no genuinely autonomous doctrine has been revived: applying the open fields "doctrine" of Oliver and Dunn involves virtually the same inquiries as the "reasonable expectation of privacy" test of Katz. Rather than providing a bright line rule that will efficiently dispose of fourth amendment problems, it is readily foreseeable that in addition to challenges under Katz, defendants will also routinely challenge residential searches under Oliver and Dunn. Because analysis …
Criminal Law And Procedure, Cheryl C. Rouse, William M. Audet, Grant D. Green, Robert F. Waggener
Criminal Law And Procedure, Cheryl C. Rouse, William M. Audet, Grant D. Green, Robert F. Waggener
Golden Gate University Law Review
No abstract provided.
Willson V. Superior Court Of San Diego County [Dissent], Jesse W. Carter
Willson V. Superior Court Of San Diego County [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although defendant's conduct observed by an officer did not of itself constitute reasonable cause to believe she was committing a felony, it was sufficient to justify the officer's reliance on information regarding defendant's bookmaking.