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Full-Text Articles in Law

Property, Persons, And Institutionalized Police Interdiction In Byrd V. United States, Eric J. Miller Nov 2018

Property, Persons, And Institutionalized Police Interdiction In Byrd V. United States, Eric J. Miller

Loyola of Los Angeles Law Review

During a fairly routine traffic stop of a motorist driving a rental car, two State Troopers in Harrisburg, Pennsylvania, discovered that the driver, Terrence Byrd, was not the listed renter. The Court ruled that Byrd nonetheless retained a Fourth Amendment right to object to the search. The Court did not address, however, why the Troopers stopped Byrd in the first place. A close examination of the case filings reveal suggests that Byrd was stopped on the basis of his race. The racial feature ofthe stop is obscured by the Court’s current property-basedinterpretation of the Fourth Amendment’s right to privacy.

Although …


"It's Open Season At The Border": Why The Bivens Remedy Should Extend To U.S. Border Patrol Agents In Cross-Border Shootings, Samantha Garza Jul 2018

"It's Open Season At The Border": Why The Bivens Remedy Should Extend To U.S. Border Patrol Agents In Cross-Border Shootings, Samantha Garza

Loyola of Los Angeles Law Review

No abstract provided.


Companion Animals Are More Than "Just" Personal Property: Oregon Supreme Court Joins Growing National Trend, Kathleen Simers Jul 2018

Companion Animals Are More Than "Just" Personal Property: Oregon Supreme Court Joins Growing National Trend, Kathleen Simers

Loyola of Los Angeles Law Review

No abstract provided.


The Confrontation Clause: Employing The "Greatest Legal Engine Ever Invented For The Discovery Of Truth" To Promote Justice In Criminal Courts, Ani Oganesian Jul 2018

The Confrontation Clause: Employing The "Greatest Legal Engine Ever Invented For The Discovery Of Truth" To Promote Justice In Criminal Courts, Ani Oganesian

Loyola of Los Angeles Law Review

No abstract provided.


A Product Of Childhood: Accounting For Age In The Miranda Analysis, Ariana Rodriguez May 2018

A Product Of Childhood: Accounting For Age In The Miranda Analysis, Ariana Rodriguez

Loyola of Los Angeles Law Review

One of the most polarizing areas of constitutional criminal procedure is that relating to police interrogations and confessions. While the Fifth Amendment guarantees a number of protections from self-incrimination and the inherently coercive nature of criminal investigation, these Constitutional promises are more likely to go unfulfilled when the accused is a child. This Article thoroughly examines the current law’s use of the “totality of the circumstances” test in deciding whether a valid Miranda waiver occurred or whether a juvenile has been taken into custody and, more importantly, explores why this current test remains an inadequate solution for protecting children’s Miranda …


Foreword: Criminal Procedure In Winter, Daniel Epps Jan 2018

Foreword: Criminal Procedure In Winter, Daniel Epps

Loyola of Los Angeles Law Review

No abstract provided.