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Articles 1 - 30 of 30

Full-Text Articles in Law

Appellate Division, First Department, People V. Celaj, Danielle Dupré Dec 2014

Appellate Division, First Department, People V. Celaj, Danielle Dupré

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Johnson, Denise Shanley Dec 2014

Court Of Appeals Of New York, People V. Johnson, Denise Shanley

Touro Law Review

No abstract provided.


False Arrest, Malicious Prosecution, And Abuse Of Process In § 1983 Litigation, John Williams Dec 2014

False Arrest, Malicious Prosecution, And Abuse Of Process In § 1983 Litigation, John Williams

Touro Law Review

No abstract provided.


Qualified Immunity In The Fourth Amendment: A Practical Application Of 1983 As It Applies To Fourth Amendment Excessive Force Cases, Karen Blum Dec 2014

Qualified Immunity In The Fourth Amendment: A Practical Application Of 1983 As It Applies To Fourth Amendment Excessive Force Cases, Karen Blum

Touro Law Review

No abstract provided.


County Court, Westchester County, People V. Gant, Albert V. Messina Jr. Nov 2014

County Court, Westchester County, People V. Gant, Albert V. Messina Jr.

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Barnville, David Schoenhaar Nov 2014

Supreme Court, Bronx County, People V. Barnville, David Schoenhaar

Touro Law Review

No abstract provided.


Justification For Police Intrusions, Corey Rashkover Nov 2014

Justification For Police Intrusions, Corey Rashkover

Touro Law Review

No abstract provided.


Interpreting Search Incident To Arrest In New York: Past, Present, And Future, Jacqueline Iaquinta Nov 2014

Interpreting Search Incident To Arrest In New York: Past, Present, And Future, Jacqueline Iaquinta

Touro Law Review

No abstract provided.


Search And Seizures: Constitutionally Protected Or Discretionary Police Work?, Jaren Fernan Nov 2014

Search And Seizures: Constitutionally Protected Or Discretionary Police Work?, Jaren Fernan

Touro Law Review

No abstract provided.


Seize First, Search Later: The Hunt For Digital Evidence, Paige Bartholomew Nov 2014

Seize First, Search Later: The Hunt For Digital Evidence, Paige Bartholomew

Touro Law Review

No abstract provided.


Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman Jun 2014

Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman

Touro Law Review

No abstract provided.


The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf May 2014

The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf

Touro Law Review

This article examines the constitutional status of suspicionless searches and seizures of groups- an exceedingly important question in the age of terror, and a subject recently brought back to the forefront by the searches of subway passengers in New York City. It draws on process theory to argue that when a legislature has authorized a group search or seizure, courts should generally apply rational basis review.

First, other areas of constitutional doctrine exhibit deep trust in the power of groups to protect their interests in political process, and there is no reason why fourth amendment doctrine should not do the …


Supreme Court, New York County, People V. Smith, Jessica Miller May 2014

Supreme Court, New York County, People V. Smith, Jessica Miller

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Hall, Eric Pack May 2014

Appellate Division, Fourth Department, People V. Hall, Eric Pack

Touro Law Review

No abstract provided.


Appellate Division, First Department, Koeiman V. New York, Gennaro Savastano May 2014

Appellate Division, First Department, Koeiman V. New York, Gennaro Savastano

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Burton, Diane Matero May 2014

Court Of Appeals Of New York, People V. Burton, Diane Matero

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Moore, Gennaro Savastano May 2014

Court Of Appeals Of New York, People V. Moore, Gennaro Savastano

Touro Law Review

No abstract provided.


Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman May 2014

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.


Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah May 2014

Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah

Touro Law Review

No abstract provided.


Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman May 2014

Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman

Touro Law Review

No abstract provided.


Recent Developments In The Use Of Excessive Force By Law Enforcement, Karen M. Blum, Jack Ryan Apr 2014

Recent Developments In The Use Of Excessive Force By Law Enforcement, Karen M. Blum, Jack Ryan

Touro Law Review

No abstract provided.


Privacy In Social Media: To Tweet Or Not To Tweet?, Tara M. Breslawski Mar 2014

Privacy In Social Media: To Tweet Or Not To Tweet?, Tara M. Breslawski

Touro Law Review

No abstract provided.


It's Reasonable To Expect Privacy When Watching Adult Videos, Matthew Leonhardt Mar 2014

It's Reasonable To Expect Privacy When Watching Adult Videos, Matthew Leonhardt

Touro Law Review

No abstract provided.


Fourth Amendment Right To Privacy With Respect To Bank Records In Criminal Cases, Francesca M. Brancato Mar 2014

Fourth Amendment Right To Privacy With Respect To Bank Records In Criminal Cases, Francesca M. Brancato

Touro Law Review

No abstract provided.


You Do Not Have The Right To Remain Drunk: Expanding The Scope Of Implied Consent Through Fifth Amendment Voluntariness Standards, Avi Goldstein Mar 2014

You Do Not Have The Right To Remain Drunk: Expanding The Scope Of Implied Consent Through Fifth Amendment Voluntariness Standards, Avi Goldstein

Touro Law Review

No abstract provided.


You Have The Right To Be Free From Unwanted Bodily Intrusion--Unless Of Course There Is A Court Order, Tara Laterza Mar 2014

You Have The Right To Be Free From Unwanted Bodily Intrusion--Unless Of Course There Is A Court Order, Tara Laterza

Touro Law Review

No abstract provided.


The Blueprint: Critiques Of The Fingerprint And Abandonment Paradigms Utilized To Reject An Expectation Of Privacy In Dna, Avi Goldstein Mar 2014

The Blueprint: Critiques Of The Fingerprint And Abandonment Paradigms Utilized To Reject An Expectation Of Privacy In Dna, Avi Goldstein

Touro Law Review

No abstract provided.


Locked Glove Compartments: Searchable Or Stash Spots?, Evan Levtow Mar 2014

Locked Glove Compartments: Searchable Or Stash Spots?, Evan Levtow

Touro Law Review

No abstract provided.


A Delayed Search Of An Automobile Makes For An Unconstitutional Seizure, Sean J. Mcgowan Mar 2014

A Delayed Search Of An Automobile Makes For An Unconstitutional Seizure, Sean J. Mcgowan

Touro Law Review

No abstract provided.


Nuance, Technology, And The Fourth Amendment: A Response To Predictive Policing And Reasonable Suspicion, Fabio Arcila Jr. Jan 2014

Nuance, Technology, And The Fourth Amendment: A Response To Predictive Policing And Reasonable Suspicion, Fabio Arcila Jr.

Scholarly Works

In an engaging critique, Professor Arcila finds that Professor Ferguson is correct in that predictive policing will likely be incorporated into Fourth Amendment law and that it will alter reasonable suspicion determinations. But Professor Arcila also argues that the potential incorporation of predictive policing reflects a larger deficiency in our Fourth Amendment jurisprudence and that it should not be adopted because it fails to adequately consider and respect a broader range of protected interests.