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Criminal Procedure

2004

Richmond Journal of Law and the Public Interest

Articles 1 - 2 of 2

Full-Text Articles in Law

America's War On Drugs And Guns: The Detriments Of The Possessionstandard In The Context Of Mandatory Minimum Sentencing, Christan C. Rhoton Jan 2004

America's War On Drugs And Guns: The Detriments Of The Possessionstandard In The Context Of Mandatory Minimum Sentencing, Christan C. Rhoton

Richmond Journal of Law and the Public Interest

America's "War on Drugs" has resulted in federal legislation and sentencing guidelines that provide harsh penalties for crimes involving both drugs and guns. In particular, Title 18, Section 924(c)(1)(A) of the United States Code, which applies specifically to guns in the context of drug-related offenses, establishes mandatory punishments, ranging from five years to ten years imprisonment, depending upon the defendant's use or possession of the firearm. Congress amended Section 924 to include the term "possession" several years after the United States Supreme Court's decision in Bailey v. United States. The United States Supreme Court interpreted the "use" requirement of Section …


Tip-Based Warrantless Searches And Seizures Under The Rubric Of The Investigativedetention Exception To The Warrant Requirement: What Law Enforcementpersonnel Must Understand About Exclusion And Training, Brian Decker Jan 2004

Tip-Based Warrantless Searches And Seizures Under The Rubric Of The Investigativedetention Exception To The Warrant Requirement: What Law Enforcementpersonnel Must Understand About Exclusion And Training, Brian Decker

Richmond Journal of Law and the Public Interest

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.