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Full-Text Articles in Law
Race And The Decision To Detain A Suspect, Sheri Johnson
Race And The Decision To Detain A Suspect, Sheri Johnson
Sheri Lynn Johnson
No abstract provided.
The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb
The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb
Sherry Colb
Supreme Court doctrine protects two seemingly distinct kinds of interests under the heading of privacy rights: one "substantive," the other "procedural." The Fourth Amendment guarantee against "unreasonable searches and seizures" has been generally interpreted to protect procedural privacy. Searches are typically defined as governmental inspections of activities and locations in which an individual has a reasonable expectation of privacy from observation. In the typical case, this reasonable expectation of privacy may be breached only where the government has acquired a quantitatively substantial objective basis for believing that the search would uncover evidence of a crime. Substantive privacy rights have not …
Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb
Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb
Sherry Colb
No abstract provided.
Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb
Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb
Sherry Colb
No abstract provided.
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
Sherry Colb
No abstract provided.
Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz
Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz
Martin A. Schwartz
No abstract provided.
Recent Decision Note, Thomas L. Shaffer
The Supreme Court And Its Purported Preference For Search Warrants, Robert M. Bloom
The Supreme Court And Its Purported Preference For Search Warrants, Robert M. Bloom
Robert M. Bloom
No abstract provided.
Probability, Probable Cause, And The Law Of Unintended Consequences, Lawrence Rosenthal
Probability, Probable Cause, And The Law Of Unintended Consequences, Lawrence Rosenthal
Lawrence Rosenthal
This brief essay responds to Max Minzer's article "Putting Probability Back into Probable Cause." The essay supports Professor Minzer's proposal for the use of empirical evidence of the success of a given investigating officer or investigative technique in assessing the existence of probable cause to search or seize, but offers a caveat. If an officer's "hit rate" becomes central to Fourth Amendment analysis, there is a serious danger of overdeterrence which, in turn, could lead to a dangerous escalation in violent crime. The essay offers some proposals for minimizing the risk of overdeterrence in an empirically-based regime of probable cause.