Law Commons^™

Controlling Discretion By Administrative Regulations: The Use, Misuse, And The Nonuse Of Police Rules And Policies In Fourth Amendment Adjudication, Wayne R. Lafave

Michigan Law Review

In assaying fourth amendment jurisprudence, it is useful to take into account available knowledge regarding the actual search and seizure practices of the police. Especially helpful is the perspective afforded by the American Bar Foundation's Survey of the Administration of Criminal Justice in the United States, which ranks as the preeminent empirical study of law enforcement procedures in this country. Despite the fact - or, more likely, because of the fact that the ABF Survey was published over twenty years ago, certain insights from that study highlight some recent and significant changes in this corpus juris inconstans .

Clearly "the …

Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks

Michigan Law Review

Given this vast literature on the good faith exception, little room appears to exist for additional commentary on the propriety of the decision, its theoretical weaknesses or strengths, or what further changes in constitutional criminal procedure it forebodes. This Note will not add to the many voices complaining of the Court's misconstrual of the grounding of the exclusionary rule, nor of its crabbed notion of deterrence. Instead, it accepts, arguendo, the propriety of the exception and its underlying purpose, and then examines the six-year experience with the revised rule. The proliferation of reported applications of the good faith exception …

Aids, Rape, And The Fourth Amendment: Schemes For Mandatory Aids Testing Of Sex Offenders, Paul H. Macdonald

Vanderbilt Law Review

Few subjects are as emotionally troubling as AIDS' and rape. The latter, of course, has plagued society throughout human history, but AIDS only recently has imposed itself upon our social and medical consciousness. Ever since AIDS became a familiar sight in the headlines nearly ten years ago, society has reacted to it with a mixture of anxiety, confusion, and despair. One consequence of the new societal awareness is the increased hesitancy with which individuals approach intimate contact. When intimate contact is involuntary as in the case of rape, fear of exposure to the disease is especially pronounced. Society,however, seems ill-prepared …

Beyond The Warren Court And Its Conservative Critics: Toward A Unified Theory Of Constitutional Criminal Procedure, Donald A. Dripps

University of Michigan Journal of Law Reform

Part I develops more fully the differences that divide liberal and conservative commentators on criminal procedure, taking special note of the series of Reports prepared by the Justice Department's Office of Legal Policy and published recently in the University of Michigan Journal of Law Reform. Part II explains my disquiet with the suggestion that original-meaning jurisprudence ought to guide criminal procedure doctrine. Part II also defends the thesis that the fourteenth amendment protects the individual interest in freedom from unjust punishment, rather than any abstract interest in truth for its own sake. Part III considers two familiar controversies in criminal …

Drug Couriers And The Fourth Amendment: Vanishing Privacy Rights For Commercial Passengers, Alexandra Coulter

Vanderbilt Law Review

Increased drug enforcement initiatives within the United States parallel the international' escalation of the war on drugs. Curbing the flow of narcotics into the country has seemed an unconquerable task.The tremendous influx of illegal substances and the heightened domestic production of both natural and synthetic' drugs prompt governments at every level to attempt to restrict drug trafficking within the United States.' The enforcement escalation is highlighted by a vociferous executive and congressional commitment to the eradication of the drug problem, improved drug detection technology, and a dedication of increased manpower and resources to enforcement efforts.'

Detecting illegal substances during transportation …

Solving The Pretext Puzzle: The Importance Of Ulterior Motives And Fabrications In The Supreme Court's Fourth Amendment Pretext Doctrine, Edwin J. Butterfoss

Kentucky Law Journal

No abstract provided.

Florida V. Riley: The Emerging Standard For Aerial Surveillance Of The Curtilage, David J. Stewart

Vanderbilt Law Review

The expression, "a man's home is his castle," embodies one of the most cherished individual liberties in American society, the right to en-joy privacy and freedom from unreasonable government intrusion in the confines of one's home.' Recognizing the importance of this right, the first Senate adopted the fourth amendment, which protects individuals from unreasonable searches and seizures.

Initially, the United States Supreme Court narrowly construed the fourth amendment as protecting only physical intrusions of persons,houses, papers, and effects.4 Later, the Court expanded coverage of the fourth amendment to include the area immediately adjacent to the home and used in connection …

Naked Before The Law: The Illinois Strip Search Statute, 23 J. Marshall L. Rev. 425 (1990), Vito Loverde

UIC Law Review

No abstract provided.

Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson

Touro Law Review

No abstract provided.

Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas

Touro Law Review

No abstract provided.