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Fourth Amendment

Journal

2000

Institution
Keyword
Publication

Articles 1 - 20 of 20

Full-Text Articles in Law

Wake Up And Smell The Contraband: Why Courts That Do Not Find Probable Cause Based On Odor Alone Are Wrong, Michael A. Sprow Oct 2000

Wake Up And Smell The Contraband: Why Courts That Do Not Find Probable Cause Based On Odor Alone Are Wrong, Michael A. Sprow

William & Mary Law Review

No abstract provided.


State V. Parker: Searching The Belongings Of Nonarrested Vehicle Passengers During A Search Incident To Arrest, H. Matthew Munson Oct 2000

State V. Parker: Searching The Belongings Of Nonarrested Vehicle Passengers During A Search Incident To Arrest, H. Matthew Munson

Washington Law Review

The Fourth Amendment to the U.S. Constitution and Article I, Section 7 of the Washington Constitution generally require a warrant supported by probable cause to conduct a search or seizure. One exception to these requirements is a search incident to arrest, which permits the police to search arrested persons and the area within the arrestee's reach for weapons and evidence. Prior to State v. Parker, when police arrested an occupant of an automobile in Washington, they could search the entire passenger compartment of the vehicle with the exception of locked containers. In State v. Parker, a plurality of …


A Fourth Amendment Problem With Probation In North Carolina, Stacy C. Eggers Iv Oct 2000

A Fourth Amendment Problem With Probation In North Carolina, Stacy C. Eggers Iv

Campbell Law Review

No abstract provided.


Establishing Inevitability Without Active Pursuit: Defining The Inevitable Discovery Exception To The Fourth Amendment Exclusionary Rule, Stephen E. Hessler Oct 2000

Establishing Inevitability Without Active Pursuit: Defining The Inevitable Discovery Exception To The Fourth Amendment Exclusionary Rule, Stephen E. Hessler

Michigan Law Review

Few doctrines of constitutional criminal procedure generate as much controversy as the Fourth Amendment exclusionary rule. Beyond the basic mandate of the rule - that evidence obtained in violation of an individual's right to be secure against unreasonable search and seizure is inadmissible in a criminal proceeding - little else is agreed upon. The precise date of the exclusionary rule's inception is uncertain, but it has been applied by the judiciary for over eight decades. While the Supreme Court has emphasized that the rule is a "judicially created remedy," and not a "personal constitutional right," this characterization provokes argument as …


Constitutional Law And Criminal Procedure—Media Ride-Alongs Into The Home: Can They Survive A Head-On Collision Between First And Fourth Amendment Rights? Wilson V. Layne, 526 U.S. 603 (1999), Deleith Duke Gossett Jul 2000

Constitutional Law And Criminal Procedure—Media Ride-Alongs Into The Home: Can They Survive A Head-On Collision Between First And Fourth Amendment Rights? Wilson V. Layne, 526 U.S. 603 (1999), Deleith Duke Gossett

University of Arkansas at Little Rock Law Review

No abstract provided.


Establishing A Legitimate Expectation Of Privacy In Clickstream Data, Gavin Skok Jun 2000

Establishing A Legitimate Expectation Of Privacy In Clickstream Data, Gavin Skok

Michigan Telecommunications & Technology Law Review

This Article argues that Web users should enjoy a legitimate expectation of privacy in clickstream data. Fourth Amendment jurisprudence as developed over the last half-century does not support an expectation of privacy. However, reference to the history of the Fourth Amendment and the intent of its drafters reveals that government investigation and monitoring of clickstream data is precisely the type of activity the Framers sought to limit. Courts must update outdated methods of expectation of privacy analysis to address the unique challenges posed by the Internet in order to fulfill the Amendment's purpose. Part I provides an overview of the …


Wilson, V Layne: Bans Press With Police In The Home, But Leaves Media Ride-Alongs Intact, Kathy A. Brown Jun 2000

Wilson, V Layne: Bans Press With Police In The Home, But Leaves Media Ride-Alongs Intact, Kathy A. Brown

West Virginia Law Review

No abstract provided.


Don't Rush To Abandon A Suspicion-Based Standard For Searches Of Public School Students, J. Nathan Jensen May 2000

Don't Rush To Abandon A Suspicion-Based Standard For Searches Of Public School Students, J. Nathan Jensen

BYU Law Review

No abstract provided.


Wyoming V. Houghton: Passengers' Belongings Subject To Searches Under The "Automobile Exception" To The Fourth Amendment's Warrant Requirements, Theresa H. Hammond May 2000

Wyoming V. Houghton: Passengers' Belongings Subject To Searches Under The "Automobile Exception" To The Fourth Amendment's Warrant Requirements, Theresa H. Hammond

Mercer Law Review

In Wyoming v. Houghton the United States Supreme Court addressed the constitutionality of conducting a warrantless search of a container under the "automobile exception" to the Fourth Amendment's warrant requirement. The Court held that when police officers have probable cause to search a vehicle, they may also search any container found in the car, including passengers' belongings, that are capable of concealing the object of the search.


Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji May 2000

Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji

Michigan Law Review

Once again, issues of race, ethnicity, and class within our criminal justice system have been thrust into the public spotlight. On both sides of the country, in our nation's two largest cities, police are being called to account for acts of violence directed toward poor people of color. In New York City, a West African immigrant named Amadou Diallo was killed by four white police officers, who fired forty-one bullets at the unarmed man as he stood in the vestibule of his apartment building in a poor section of the Bronx. Did race influence the officers' decisions to fire the …


Dna Fingerprinting - Justifying The Special Need For The Fourth Amendment's Intrusion Into The Zone Of Privacy, Deborah F. Barfield Jan 2000

Dna Fingerprinting - Justifying The Special Need For The Fourth Amendment's Intrusion Into The Zone Of Privacy, Deborah F. Barfield

Richmond Journal of Law & Technology

The Fourth Amendment prohibits the government from conducting unreasonable searches and seizures.When claims arise against the government's Fourth Amendment transgressions, usually those claims turn on interpretation of the term "reasonable." Traditionally, a search and seizure conducted under the authority of a judicial warrant for "probable cause" is unquestionably reasonable.In some, albeit very limited, types of searches reasonableness is met with at least "individualized suspicion."When searches intrude into the human body, however, they implicate a person's most deep-rooted expectation of privacy - the right to be left alone.


The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf Jan 2000

The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf

Michigan Journal of Race and Law

This Case Note lays out Wardlow's pertinent facts, describes the decisions of the Court and lower courts, and then analyzes the ramifications of the Court's holding. In particular, this Case Note argues that the Court's ruling recognizes substantially less Fourth Amendment protections for people of color and indigent citizens than for wealthy Caucasians. This perpetuates a cycle of humiliating experiences, as well as fear and mistrust of the police by many poor people of color.


Filling In Some Pieces: The Supreme Court’S Criminal Law Decisions In The 1998-1999 Term, William E. Hellerstein Jan 2000

Filling In Some Pieces: The Supreme Court’S Criminal Law Decisions In The 1998-1999 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Urine Trouble! Extending Constitutionality To Mandatory Suspicionless Drug Testing Of Students In Extracurricular Activities, James M. Mccray Jan 2000

Urine Trouble! Extending Constitutionality To Mandatory Suspicionless Drug Testing Of Students In Extracurricular Activities, James M. Mccray

Vanderbilt Law Review

The United States makes clear its reverence for education by demanding that its children attend school.' What is less clear, how- ever, is the nation's dedication to each student's constitutional rights. From the earliest days of the common law, public school students have lacked fundamental rights, even the right of liberty in its narrowest sense.' Although public students retain certain constitutional rights,' the public school system maintains an elevated power over its students." This power is like that of a parent,' including the duty to "inculcate the habits and manners of civility" into its students.' The public school's control over …


Better-Off Walking: Wyoming V. Houghton Exemplifies What Acevedo Failed To Rectify, Erin Morris Meadows Jan 2000

Better-Off Walking: Wyoming V. Houghton Exemplifies What Acevedo Failed To Rectify, Erin Morris Meadows

University of Richmond Law Review

Over the years the United States Supreme Court attempted to produce bright-line rules governing the automobile exception to the Fourth Amendment's warrant requirement. However, the Court's numerous, often confusing decisions in the past eight decades served only to blur those lines. With each attempt to fashion rules that would be workable for both law enforcement in application and lower courts in administration, citizens' Fourth Amendment rights were narrowed. Each time the Court attempted to clarify a rule, it expanded police power to conduct virtually limitless warrantless searches, consistently eviscerating personal privacy rights. The result is an exception originally intended to …


Criminal Procedure: The Fourth Amendment Collides With The Problem Of Child Pornography And The Internet, Amy E. Wells Jan 2000

Criminal Procedure: The Fourth Amendment Collides With The Problem Of Child Pornography And The Internet, Amy E. Wells

Oklahoma Law Review

No abstract provided.


Oklahoma Constitutional Law: The Future Of The Fourth Amendment In Oklahoma High Schools, Melinda Wyatt Gilliam Jan 2000

Oklahoma Constitutional Law: The Future Of The Fourth Amendment In Oklahoma High Schools, Melinda Wyatt Gilliam

Oklahoma Law Review

No abstract provided.


Computer Searches And Seizure, Donald Resseguie Jan 2000

Computer Searches And Seizure, Donald Resseguie

Cleveland State Law Review

This note will discuss legal issues related to search and seizure of computers and define the trend that the law is taking in the emerging area of inquiry. Personal privacy protection will be adequate regarding computer searches and seizures only if the courts properly balance the government's interests in bringing criminals to justice against citizens' interests against overly broad inquiries into the personal affairs. Section II provides a limited general discussion of constitutional limitations on search and seizure. Section III will discuss search and seizure of computers in the context of the "plain view" doctrine as an exception to the …


Shut The Blinds And Lock The Doors—Is That Enough?: The Scope Of Fourth Amendment Protection Outside One's Own Home, Ramsey Ramerman Jan 2000

Shut The Blinds And Lock The Doors—Is That Enough?: The Scope Of Fourth Amendment Protection Outside One's Own Home, Ramsey Ramerman

Washington Law Review

The Fourth Amendment was designed to be a barrier that protects citizens from unreasonable government intrusion and surveillance. However, for the Amendment to grant meaningful protection, the rules that govern the scope of that protection must supply guidance to police and citizens. While the Fourth Amendment unquestionably protects people in their own homes, the scope of the Amendment's protection outside the home is not clear. In Rakas v. Illinois, the U.S. Supreme Court held that courts should define the scope of Fourth Amendment protection by considering sources outside of the Fourth Amendment. While Rakas provides guidance to courts, it …


Constitutional Standards For Suspicionless Student Drug Testing: A Moving Target, Benjamin Gerald Dusing Jan 2000

Constitutional Standards For Suspicionless Student Drug Testing: A Moving Target, Benjamin Gerald Dusing

Kentucky Law Journal

No abstract provided.