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Articles 1 - 7 of 7
Full-Text Articles in Law
Constitutional Law--Stop And Frisk--Reasonableness Under The Fourth Amendment, John Michael Anderson
Constitutional Law--Stop And Frisk--Reasonableness Under The Fourth Amendment, John Michael Anderson
West Virginia Law Review
No abstract provided.
Criminal Law - Search And Seizure - Probable Cause Standard And The Informant - Spinelli V. United States, 89 S. Ct. 584 (1969)., Ray C. Stoner
Criminal Law - Search And Seizure - Probable Cause Standard And The Informant - Spinelli V. United States, 89 S. Ct. 584 (1969)., Ray C. Stoner
William & Mary Law Review
No abstract provided.
An Analysis Of Terry V. Ohio And Its Implications Upon The California Law Of Stop And Frisk, Judith N. Keep
An Analysis Of Terry V. Ohio And Its Implications Upon The California Law Of Stop And Frisk, Judith N. Keep
San Diego Law Review
The controversy surrounding the legality of police "stop and frisk" practices at last has been partially resolved by the Supreme Court. In the case of Terry v. Ohio, which is further illuminated by its companion case Sibron v. New York, the Court established a constitutional standard for the frisk under the search and seizure clause of the fourth amendment. Additionally, it strongly suggested that the same standard would be applied to the stop. Thus, not only did the Court resolve the debate in favor of this often employed police practice, but under the doctrine of Mapp v. Ohio, the standard …
The Background Of The Fourth Amendment To The Constitution Of The United States, Part Two, Joseph J. Stengel
The Background Of The Fourth Amendment To The Constitution Of The United States, Part Two, Joseph J. Stengel
University of Richmond Law Review
Upon the conclusion of the Constitutional Convention in 1787 and after the proposed Constitution was submitted by Congress to the states for ratification, there arose a clamor concerning the absence of a bill or declaration of rights therein. Scholars have disagreed as to the basis for this controversy. Story says that the demand was "a matter of very exaggerated declamation and party zeal, for the mere purpose of defeating the Constitution." Cooley concludes that leading statesmen made the want of a bill of rights in the Constitution the ground of a "decided, earnest, and formidable opposition to the confirmation of …
The Background Of The Fourth Amendment To The Constitution Of The United States, Joseph J. Stengel
The Background Of The Fourth Amendment To The Constitution Of The United States, Joseph J. Stengel
University of Richmond Law Review
It is generally agreed that the antecedent history of the Fourth Amendment to the Constitution of the United States is concerned primarily with those events that took place in England and the AmericanColonies in the thirty years immediately preceding the adoption of the Amendment. However, it also seems clear that it was the executive abuse of search and seizure in England throughout the centuries that led to those events. The search for the reason "why" of the Fourth Amendment should then logically begin with the earliest recorded events, statutes and cases involving search and seizure in English history and be …
Recent Developments, Various Editors
The Legitimation Of Electronic Eavesdropping: The Politics Of "Law And Order", Herman Schwartz
The Legitimation Of Electronic Eavesdropping: The Politics Of "Law And Order", Herman Schwartz
Michigan Law Review
This Article will examine some constitutional considerations raised by wiretapping and eavesdropping in light of recent Supreme Court decisions, the probable extent of such activity, the limitations imposed upon it by title III and the ABA Standards, and the arguments for the "necessity" of electronic surveillance. Finally, a few jaundiced comments will be offered about legislative and judicial lawmaking in the field of criminal justice, particularly in a time of crisis.