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Articles 1 - 12 of 12
Full-Text Articles in Law
Reconsideration Of The Katz Expectation Of Privacy Test, Michigan Law Review
Reconsideration Of The Katz Expectation Of Privacy Test, Michigan Law Review
Michigan Law Review
This Note, by modifying certain aspects of the reasonable expectation of privacy test, offers a theory that attempts to identify the minimum content of the fourth amendment. In the first section, the Note examines the reasonable expectation of privacy test and considers whether it has been or can be applied in a manner that fails to protect the right to have certain minimum expectations of privacy. It analyzes both the "actual" and the "reasonable" expectation requirements, identifies weaknesses inherent in the current application of these requirements, and suggests certain ways in which they might be refined. In the second section, …
The Life And Times Of Boyd V. United States (1886-1976), Michigan Law Review
The Life And Times Of Boyd V. United States (1886-1976), Michigan Law Review
Michigan Law Review
In Boyd v. United States, the Supreme Court held that the fourth and fifth amendments create a zone of privacy encompassing an individual's person and property. The government, according to Boyd, cannot enter this zone, either by compelling an individual to testify against himself or by subpoenaing or seizing his books and papers for use as evidence against him in a criminal or quasi-criminal proceeding. The Court found an "intimate relation" between the two amendments such that the search and seizure of books and papers may be "unreasonable" even if conducted pursuant to a court order.
Over time, …
Mincey V. Arizona, Lewis F. Powell Jr.
Nelson V. State, 319 So. 2d 154 (Fla. 2d Dist. Ct. App. 1975), Randall O. Reder
Nelson V. State, 319 So. 2d 154 (Fla. 2d Dist. Ct. App. 1975), Randall O. Reder
Florida State University Law Review
Constitutional Law- SEARCH AND SEIZURE- SCHOOL OFFICIALS' AUTHORITY TO SEARCH STUDENTS IS AUGMENTED BY THE In Loco Parentis DOCTRINE.
Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel
Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel
Articles
I start in Section I of this Article with an examination of the first major theme of the criminal procedure decisions of the Warren Court, the selective incorporation of Bill of Rights' guarantees into the due process clause of the fourteenth amendment. My conclusion is that the selective incorporation principle, which provided the doctrinal basis for many of the "liberal" decisions of the Warren Court, remains firmly established today under the Burger Court. Section II of the Article then analyzes the theme of equality and the role it played in Warren Court decisions in the criminal procedure area. It is …
Constitutional Law-Fourth Amendment-Immigration Checkpoint Stops For Questioning Are Reasonable Without Individualized Suspicion-United States V. Martinez-Fuerte, Russell A. Hakes
Constitutional Law-Fourth Amendment-Immigration Checkpoint Stops For Questioning Are Reasonable Without Individualized Suspicion-United States V. Martinez-Fuerte, Russell A. Hakes
BYU Law Review
No abstract provided.
Exclusionary Rule Need Not Be Applied In Federal Habeas Reviews Of State Convictions, Jann Johnson
Exclusionary Rule Need Not Be Applied In Federal Habeas Reviews Of State Convictions, Jann Johnson
Mercer Law Review
In Stone v. Powell, the U.S. Supreme Court held that if a state "has provided an opportunity for full and fair litigation of a Fourth-Amendment claim, a state prisoner may not be granted federal habeas-corpus relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at trial."
Respondent Powell was convicted of second-degree murder in a California state court. A police officer had found the murder weapon on Powell during a search incident to his arrest for violation of a vagrancy ordinance, and the officer's testimony was admitted at trial over Powell's objection. Powell …
Taxpayer Rights In Noncustodial Irs Investigations After Beckwith V. United States, Curtis L. Christensen
Taxpayer Rights In Noncustodial Irs Investigations After Beckwith V. United States, Curtis L. Christensen
University of Michigan Journal of Law Reform
The recent Supreme Court decision in Beckwith v. United States, holding that Miranda does not extend to noncustodial tax investigations, has important implications with respect to the News Release doctrine and the involuntary consent grounds considered in motions to suppress evidence. This article will examine Beckwith and its potential significance with respect to these other doctrines, discussing the factors which the IRS and the courts should consider in order to assure fair treatment of taxpayers during investigations.
The Unsettled Law Of Third Party Consent, 11 J. Marshall J. Prac. & Proc. 115 (1977), Lee Carson
The Unsettled Law Of Third Party Consent, 11 J. Marshall J. Prac. & Proc. 115 (1977), Lee Carson
UIC Law Review
No abstract provided.
Electronic Tracking Devices And Privacy: See No Evil, Hear No Evil, But Beware Of Trojan Horses, Kara L. Cook
Electronic Tracking Devices And Privacy: See No Evil, Hear No Evil, But Beware Of Trojan Horses, Kara L. Cook
Loyola University Chicago Law Journal
No abstract provided.
Search And Seizure In Alaska: A Comprehensive Review, Jeff M. Feldman
Search And Seizure In Alaska: A Comprehensive Review, Jeff M. Feldman
Articles
In the eighteen years since Alaska achieved statehood, fifty-two cases involving issues of search and seizure have reached the Alaska Supreme Court. This article will analyze these cases with an eyetowards outlining the law of search and seizure in Alaska, isolating those areas in which the Alaska Supreme Court has departed from prevailing search and seizure doctrine, and using past decisions to predict the probable outcomes to search and seizure issues still unresolved in Alaska.
Mondale On Mapp, Yale Kamisar
Mondale On Mapp, Yale Kamisar
Articles
Any judicial reversal of the Mapp rule threatens to have just the opposite effect. Law enforcement officials are likely to treat a decision that illegally obtained evidence may be admitted into state criminal trials as though that were a practical suspension of the constitutional rules as to lawful arrest, search, and seizure. They are likely to feel that once again "the judiciary is okaying it." With the smell of revelations of FBI "black-bag jobs" and intelligence agency abuses still in the air, is this how we want the Court to contribute to the atmosphere of police practices as we enter …