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Full-Text Articles in Law
Fourth Amendment Infringement Is Afoot: Revitalizing Particularized Reasonable Suspicion For Terry Stops Based On Vague Or Discrepant Suspect Descriptions, Caroline E. Lewis
Fourth Amendment Infringement Is Afoot: Revitalizing Particularized Reasonable Suspicion For Terry Stops Based On Vague Or Discrepant Suspect Descriptions, Caroline E. Lewis
William & Mary Law Review
In Terry v. Ohio, the Supreme Court granted law enforcement broad power to perform a limited stop and search of someone when an officer has reasonable suspicion that the person is engaged in criminal activity. The resulting “Terry stop” created a way for police officers to investigate a suspicious person without requiring full probable cause for an arrest. The officer need only have “reasonable suspicion supported by articulable facts” based on the circumstances and the officer’s policing “experience that criminal activity may be afoot.” Reasonable suspicion is—by design—a broad standard, deferential to police officers’ judgment. Law enforcement officers …
Imposing A Daily Burden On Thousands Of Innocent Citizens: The Supreme Court Unnecessarily Limited Motorists' Fourth Amendment Rights In Kansas V. Glover, George M. Dery
William & Mary Journal of Race, Gender, and Social Justice
This Article analyzes Kansas v. Glover, in which the Supreme Court ruled that an officer could stop a vehicle owned by a person having a revoked license on the assumption that the owner was currently driving the vehicle. This work examines the concerns created by Glover’s ruling. This Article asserts that, in creating its new rule enabling police to stop a motorist without first confirming his or her identity, the Court based its holding on the existence of two facts, thus effectively changing its traditional “totality of the circumstances” analysis for reasonable suspicion to a categorical rule. Further, …
Frankly, It's A Mess: Requiring Courts To Transparently "Redline" Affidavits In The Face Of Franks Challenges, Diana Bibb
William & Mary Bill of Rights Journal
Part I provides a brief overview of the Fourth Amendment, probable cause, and the exclusionary rule. Part II discusses Franks v. Delaware, the development of the challenge’s framework, and subsequent expansions to the doctrine made by the lower courts. Next, Part III argues that, despite the aforementioned expansions, courts have consistently weakened Franks. Notably, the Supreme Court refuses to consider Franks issues, including the multitude of splits over which standard of review is applicable. Moreover, some circuits have developed their own minute rules that have chiseled away at the effectiveness of a Franks challenge. Part IV proposes that …
Excessively Unconstitutional: Civil Asset Forfeiture And The Excessive Fines Clause In Virginia, Rachel Jones
Excessively Unconstitutional: Civil Asset Forfeiture And The Excessive Fines Clause In Virginia, Rachel Jones
William & Mary Bill of Rights Journal
No abstract provided.
Seizing A Cell Phone Incident To Arrest: Data Extraction Devices, Faraday Bags, Or Aluminum Foil As A Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz
Seizing A Cell Phone Incident To Arrest: Data Extraction Devices, Faraday Bags, Or Aluminum Foil As A Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz
William & Mary Bill of Rights Journal
No abstract provided.
Georgia V. Randolph, The Red-Headed Stepchild Of An Ugly Family: Why Third Party Consent Search Doctrine Is An Unfortunate Fourth Amendment Development That Should Be Restrained, Aubrey H. Brown
William & Mary Bill of Rights Journal
No abstract provided.
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.
"Sacrificing The End To The Means": The Constitutionality Of Suspicionless Subway Searches, Katherine Lee Martin
"Sacrificing The End To The Means": The Constitutionality Of Suspicionless Subway Searches, Katherine Lee Martin
William & Mary Bill of Rights Journal
No abstract provided.
"A Man's Home Is His Castle?": Reflections On The Home, The Family, And Privacy During The Late Nineteenth And Early Twentieth Centuries, Jonathan L. Hafetz
"A Man's Home Is His Castle?": Reflections On The Home, The Family, And Privacy During The Late Nineteenth And Early Twentieth Centuries, Jonathan L. Hafetz
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Choosing Perspectives In Criminal Procedure, Ronald J. Bacigal
Choosing Perspectives In Criminal Procedure, Ronald J. Bacigal
William & Mary Bill of Rights Journal
In this Article, Professor Bacigal examines the Supreme Court's use of various perspectives in examining the reasonableness of searches and seizures. Although the Supreme Court purports to rely on a consistent method of constitutional analysis when rendering decisions on Fourth Amendment issues, the case law in this area indicates that the Court is influenced sometimes by the citizen's perspective, sometimes by the police officers' perspective, and sometimes by the perspective of the hypothesized reasonable person.
After identifying the role of perspectives in a number of seminal Court decisions, Professor Bacigal discusses the benefits and limitations of the Court's reliance on …
An End Run Around The Exclusionary Rule: The Use Of Illegally Seized Evidence Under The Federal Sentencing Guidelines, Victor Jay Miller
An End Run Around The Exclusionary Rule: The Use Of Illegally Seized Evidence Under The Federal Sentencing Guidelines, Victor Jay Miller
William & Mary Law Review
No abstract provided.
Good Faith, The Exclusionary Remedy, And Rule-Oriented Adjudication In The Criminal Process, Gerald G. Ashdown
Good Faith, The Exclusionary Remedy, And Rule-Oriented Adjudication In The Criminal Process, Gerald G. Ashdown
William & Mary Law Review
No abstract provided.