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United States V. Salvucci: The Problematic Absence Of Automatic Standing, William C. Bollard
United States V. Salvucci: The Problematic Absence Of Automatic Standing, William C. Bollard
Pepperdine Law Review
The United States Supreme Court recently abolished the automatic standing rule in United States v. Salvucci. The author analyzes the difficulties created for the criminal defendant charged with a possessory crime. In particular, this note focuses on the inequitable position the defendant is placed in when his suppression hearing testimony is used as a tool to impeach subsequent testimony offered at trial. The author continues by pointing out that the "prosecutorial self-contradiction," sought to be abolished in Salvucci, remains a part of our present judicial system. In conclusion, the author offers several considerations that will necessarily be an integral part …
United States V. Ross: Search And Seizure Made Simple, Donald L. Dalton
United States V. Ross: Search And Seizure Made Simple, Donald L. Dalton
Pepperdine Law Review
The United States Supreme Court in United States v. Ross vastly simplified the process of searching closed containers found in an automobile during a lawful Carroll search yet, at the same time, placed in question the importance of the search warrant in the scheme of fourth amendment jurisprudence by equating the policeman's determination of probable cause with that of the magistrate.