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Full-Text Articles in Law

The Coherence Of Orthodox Fourth Amendment Jurisprudence, Samuel C. Rickless Sep 2003

The Coherence Of Orthodox Fourth Amendment Jurisprudence, Samuel C. Rickless

ExpressO

In the legal academy it is widely believed that the U.S. Supreme Court's orthodox (post-Katz, pre-Houghton) fourth amendment jurisprudence is theoretically incoherent. In particular, the Court has been criticized (on doctrinal and textual grounds) for accepting (i) Justice Harlan's definition of a "search" as an infringement of a subjective expectation of privacy that society is prepared to recognize as reasonable, (ii) the Warrant Requirement and Probable Cause Requirement (according to which searches and seizures without a warrant or probable cause are presumptively unreasonable), and (iii) the Exclusionary Rule (according to which any evidence obtained in violation of a person’s fourth …


I Couldn't Wait To Argue, Timothy Coates Apr 2003

I Couldn't Wait To Argue, Timothy Coates

The Journal of Appellate Practice and Process

No abstract provided.


The Middle Class Fourth Amendment, Craig M. Bradley Jan 2003

The Middle Class Fourth Amendment, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.