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Fourth Amendment

Journal

1999

Institution
Keyword
Publication

Articles 1 - 11 of 11

Full-Text Articles in Law

Recovering The Original Fourth Amendment, Thomas Y. Davies Dec 1999

Recovering The Original Fourth Amendment, Thomas Y. Davies

Michigan Law Review

Claims regarding the original or intended meaning of constitutional texts are commonplace in constitutional argument and analysis. All such claims are subject to an implicit validity criterion - only historically authentic assertions should matter. The rub is that the original meaning commonly attributed to a constitutional text may not be authentic. The historical Fourth Amendment is a case in point. If American judges, lawyers, or law teachers were asked what the Framers intended when they adopted the Fourth Amendment, they would likely answer that the Framers intended that all searches and seizures conducted by government officers must be reasonable given …


United States V. Hotal: Determining The Role Of Conditions Precedent In The Constitutionality Of Anticipatory Warrants, Brett R. Hamm Sep 1999

United States V. Hotal: Determining The Role Of Conditions Precedent In The Constitutionality Of Anticipatory Warrants, Brett R. Hamm

BYU Law Review

No abstract provided.


It Is Not Right Under The Constitution To Stop And Frisk Minority People Because They Don't Look Right, L. Darnell Weeden Jul 1999

It Is Not Right Under The Constitution To Stop And Frisk Minority People Because They Don't Look Right, L. Darnell Weeden

University of Arkansas at Little Rock Law Review

No abstract provided.


The Development Of Search And Seizure Law In Public Schools, Bill O. Heder Mar 1999

The Development Of Search And Seizure Law In Public Schools, Bill O. Heder

Brigham Young University Education and Law Journal

No abstract provided.


Third-Party Consent Under The United States And Utah Constitutions: Should Utah Adopt The Federal Standard?, S. Matthew Cook Mar 1999

Third-Party Consent Under The United States And Utah Constitutions: Should Utah Adopt The Federal Standard?, S. Matthew Cook

BYU Law Review

No abstract provided.


The Loss Of Privacy Is Just A Heartbeat Away: An Exploration Of Government Heartbeat Detection Technology And Its Impact On Fourth Amendment Protections, George M. Dery Iii Feb 1999

The Loss Of Privacy Is Just A Heartbeat Away: An Exploration Of Government Heartbeat Detection Technology And Its Impact On Fourth Amendment Protections, George M. Dery Iii

William & Mary Bill of Rights Journal

The Department of Energy has developed the "Enclosed Space Detection System" (ESDS), a search tool that enables officials to identify persons hidden inside vehicles at certain sensitive sites, such as nuclear facilities. ESDS operates by measuring the movements in vehicles generated by the beating of an occupant's heart. This Article considers the Fourth Amendment privacy implications caused by the advent of a technology so advanced that it can probe all the way to one's heart. Specifically, this Article critically examines the Supreme Court's Fourth Amendment precedent concerning the definition of a "search" and the application of the "special needs" doctrine …


Building Castles Made Of Glass—Security On The Internet, Joe Baladi Jan 1999

Building Castles Made Of Glass—Security On The Internet, Joe Baladi

University of Arkansas at Little Rock Law Review

No abstract provided.


Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight Jan 1999

Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight

UIC Law Review

No abstract provided.


Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr. Jan 1999

Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr.

Touro Law Review

No abstract provided.


Abrogating The Exclusionary Rule Outside Of The Criminal Trial Context? Pennsylvania Board Of Probation & Parole V. Scott: One Step Closer To A Per Se Rule In Fourth Amendment Jurisprudence, Richard F. Dzubin Jan 1999

Abrogating The Exclusionary Rule Outside Of The Criminal Trial Context? Pennsylvania Board Of Probation & Parole V. Scott: One Step Closer To A Per Se Rule In Fourth Amendment Jurisprudence, Richard F. Dzubin

University of Richmond Law Review

As citizens of the United States, most of us would abhor warrantless police intrusion into our homes. The Fourth Amendment protects all citizens against unreasonable searches and seizures. When unaccompanied by a valid search warrant, a search of a residence is presumptively unreasonable. Thus, the law proscribes overly-aggressive investigatory methods that trammel the rights of American citizens. What happens, however, when the protected right belongs to a paroled felon suspected of violating the conditions of his parole? In Pennsylvania Board of Probation & Parole v. Scott, the United States Supreme Court refused to extend to parolees the remedies which are …


Crimes And Errors Impossible To Commit: Defining Away The Fourth Amendment - Wyoming V. Houghton, Rachel Gader-Shafran Jan 1999

Crimes And Errors Impossible To Commit: Defining Away The Fourth Amendment - Wyoming V. Houghton, Rachel Gader-Shafran

Cleveland State Law Review

This Note contends that the Court's decision to adopt the Houghton approach to the automobile warrant exception is problematic for three reasons. First, the Court has erroneously interpreted the historical evidence behind the creation of the Fourth Amendment. Second, the Court, by chipping away at stare decisis, is disrupting the foundations of American jurisprudence and the development of the law. Third, by creating a new lexicon, changing the meanings of the words, the Court is trying to define away the protections afforded by the Fourth Amendment. This Note will briefly summarize the facts of Houghton and review the historical purpose …