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Full-Text Articles in Law
What The High Court Giveth The Lower Courts Taketh Away: How To Prevent Undue Scrutiny Of Police Officer Motivations Without Eroding Randolph's Heightened Fourth Amendment Protections, Marc Mcallister
Cleveland State Law Review
Beginning in 1969 with Frazier v. Cupp and extending through early 2006, the Supreme Court followed a trend of expanding the scope of lawful warrantless consent searches and correspondingly limiting privacy rights under the Fourth Amendment. Most likely, Georgia v. Randolph will be remembered as a bump along the road toward an ever-expanding consent doctrine. Despite Chief Justice Roberts' concerns, post-Randolph case law reveals that Randolph is not the watershed case its dissenters feared. Part II of this article summarizes the Randolph decision with emphasis on the Court's express limitations of its rule. Part III describes various post-Randolph cases that …
Bearing False Witness: Perjured Affidavits And The Fourth Amendment, Stephen W. Gard
Bearing False Witness: Perjured Affidavits And The Fourth Amendment, Stephen W. Gard
Law Faculty Articles and Essays
The purpose of this Article is to articulate appropriate legal doctrine to govern the problem of false statements of fact by law enforcement officers in warrant affidavits. This Article addresses the issue in the context of actions brought pursuant to 42 U.S.C. § 1983 to redress such Fourth Amendment violations. This perspective promises to be interesting and unique for two reasons. First, the fact that the guilty are ordinarily the direct beneficiaries of the Fourth Amendment has long been a matter of grave concern. In contrast, rarely, if ever, will anyone except an innocent victim of a search based on …