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Full-Text Articles in Law
Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward
Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward
West Virginia Law Review
When the police violate a suspect’s Fourth Amendment rights, what often follows is the discovery of incriminating evidence. Sometimes the evidence is discovered directly after the Fourth Amendment violation. In other situations, the evidence comes by a more indirect route and may occur long after the original Fourth Amendment violation. Courts struggle when trying to decide if the discovery of this indirectly obtained evidence was caused by the police misconduct. This causal question is important because causality acts as a limiting principle when deciding when to apply the exclusionary rule. A basic view of the exclusionary rule suggests that evidence …
Justice Sonia Sotomayor: The Court’S Premier Defender Of The Fourth Amendment, David L. Hudson Jr.
Justice Sonia Sotomayor: The Court’S Premier Defender Of The Fourth Amendment, David L. Hudson Jr.
Seattle University Law Review
This essay posits that Justice Sotomayor is the Court’s chief defender of the Fourth Amendment and the cherished values it protects. She has consistently defended Fourth Amendment freedoms—in majority, concurring, and especially in dissenting opinions. Part I recounts a few of her majority opinions in Fourth Amendment cases. Part II examines her concurring opinion in United States v. Jones. Part III examines several of her dissenting opinions in Fourth Amendment cases. A review of these opinions demonstrates what should be clear to any observer of the Supreme Court: Justice Sotomayor consistently defends Fourth Amendment principles and values.
Where The Constitution Falls Short: Confession Admissibility And Police Regulation, Courtney E. Lewis
Where The Constitution Falls Short: Confession Admissibility And Police Regulation, Courtney E. Lewis
Dickinson Law Review (2017-Present)
A confession presented at trial is one of the most damning pieces of evidence against a criminal defendant, which means that the rules governing its admissibility are critical. At the outset of confession admissibility in the United States, the judiciary focused on a confession’s truthfulness. Culminating in the landmark case Miranda v. Arizona, judicial concern with the reliability of confessions shifted away from whether a confession was true and towards curtailing unconstitutional police misconduct. Post-hoc constitutionality review, however, is arguably inappropriate. Such review is inappropriate largely because the reviewing court must find that the confession was voluntary only by …
The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail
Pepperdine Law Review
For many years, DNA databases have helped solve countless serious, violent crimes by connecting low-level offenders to unsolved crimes. Because the passage of Proposition 47 reduced several low-level crimes to misdemeanors, which do not qualify for DNA sample collection, Proposition 47 has severely limited law enforcement’s ability to solve serious, violent crimes through California’s DNA database and reliable DNA evidence. This powerful law enforcement tool must be preserved to prevent additional crimes from being committed, to exonerate the innocent, and to provide victims with closure through conviction of their assailants or offenders. Proposition 47’s unintended consequences have led to devastating …
The Conversational Consent Search: How “Quick Look” And Other Similar Searches Have Eroded Our Constitutional Rights, Alexander A. Mikhalevsky
The Conversational Consent Search: How “Quick Look” And Other Similar Searches Have Eroded Our Constitutional Rights, Alexander A. Mikhalevsky
Georgia State University Law Review
One area in which law enforcement agencies have stretched constitutional limits concerns the scope of a suspect’s consent to search his or her vehicle. Police forces across the country have tested the limits of consent by asking vague, conversational questions to suspects with the goal of obtaining a suspect’s consent to search, even though that individual may not want to allow the search or may not know that he or she has the right to deny consent.
Conversational phrases like “Can I take a quick look?” or “Can I take a quick look around?” have “emerg[ed] as . . . …
Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens
Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens
Seattle University Law Review
This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …
Someone Call 911, Crawford Is Dying - People V. Duhs, Caroline Knoepffler
Someone Call 911, Crawford Is Dying - People V. Duhs, Caroline Knoepffler
Touro Law Review
No abstract provided.
Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer
Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer
Touro Law Review
No abstract provided.
The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano
The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano
Touro Law Review
No abstract provided.
Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince
Touro Law Review
No abstract provided.
New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia
New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia
Touro Law Review
No abstract provided.
Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell
Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell
Touro Law Review
No abstract provided.
Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas
Touro Law Review
No abstract provided.
Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell
Touro Law Review
No abstract provided.
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Touro Law Review
No abstract provided.
A Drug Addict's Right To Anonymity, Anthony A. Desabato
A Drug Addict's Right To Anonymity, Anthony A. Desabato
Villanova Law Review
No abstract provided.
The Demise Of The Iron Curtain Statute, Denis James Lawler
The Demise Of The Iron Curtain Statute, Denis James Lawler
Villanova Law Review
No abstract provided.
Juveniles And Their Right To A Jury Trial, Timothy E. Foley
Juveniles And Their Right To A Jury Trial, Timothy E. Foley
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors
Recent Developments, Various Editors
The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl
The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl
Villanova Law Review
No abstract provided.
The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft
The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft
Villanova Law Review
No abstract provided.
Proof By Confession, O. John Rogge
Constitutional Ramifications Of The Police Lineup, Thomas Edward Byrne, Marc B. Kaplin, Walter John Taggart
Constitutional Ramifications Of The Police Lineup, Thomas Edward Byrne, Marc B. Kaplin, Walter John Taggart
Villanova Law Review
No abstract provided.
Abstracts Of Recent Cases, T. E. P.
Suppression Of Coerced Confessions
Suppression Of Coerced Confessions
Indiana Law Journal
Notes and Comments: Constitutional Law
Evidence-Constitutional Law-Self-Incrimination Applied To Method Of Identification
Evidence-Constitutional Law-Self-Incrimination Applied To Method Of Identification
Indiana Law Journal
No abstract provided.
Municipal Corporations-Evidence-Constitutional Law
Municipal Corporations-Evidence-Constitutional Law
Indiana Law Journal
No abstract provided.
Constitutional Law--Unreasonable Searches And Seizures--Admissibility Of Evidence, Anne Slifkin
Constitutional Law--Unreasonable Searches And Seizures--Admissibility Of Evidence, Anne Slifkin
West Virginia Law Review
No abstract provided.