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Articles 1 - 4 of 4
Full-Text Articles in Law
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.
University of Richmond Law Review
The authors have endeavored to select from the many appellate cases those that have the most significant precedential value. The article also outlines some of the most consequential changes tothe law enacted by the Virginia General Assembly in the areas ofcriminal law and procedure.
Georgia V. Randolph: What To Do With A Yes From One But Not From Two?, Nathan A. Wood
Georgia V. Randolph: What To Do With A Yes From One But Not From Two?, Nathan A. Wood
Mercer Law Review
In Georgia v. Randolph, the United States Supreme Court held that when an officer asks two physically present occupants of the same shared residence for permission to search, that search is unreasonable under the Fourth Amendment to the United States Constitution when one occupant denies permission to search, though the other consents. In so holding, the Court created a new standard in which "widely held social expectations" dictate whether it is reasonable to assume an occupant has the authority to consent to a search.
Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb
Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Constitutional Law—Fourth Amendment And Search And Seizure—Introducing The Supreme Court's New And Improved Summers Detention: Now Equipped With Handcuffing And Questioning! Muehler V. Mena, 544 U.S. 93 (2005), Ryan J. Caststeel
University of Arkansas at Little Rock Law Review
This note explores the United States Supreme Court's recent decision in Muehler v. Mena that extended the holding in Michigan v. Summers that allows police officers to handcuff and question occupants of a house who are lawfully being detained during the execution of a valid search warrant. First, the note examines the facts behind the Mena case itself. Second, the note explores the historical developments in Fourth Amendments jurisprudence that led up to the Mena decision. This section of the note focuses on the following five main topics: (1) the creation of the Fourth Amendment; (2) the evolution of the …