Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Richmond (2)
- Brooklyn Law School (1)
- California Western School of Law (1)
- Columbia Law School (1)
- Cornell University Law School (1)
-
- UIC School of Law (1)
- University of Colorado Law School (1)
- University of Florida Levin College of Law (1)
- University of Massachusetts School of Law (1)
- University of Miami Law School (1)
- University of Pittsburgh School of Law (1)
- University of Tulsa College of Law (1)
- University of Washington School of Law (1)
- Keyword
-
- Privacy (6)
- Fourth Amendment (4)
- Fourth amendment (3)
- Search and seizure (3)
- First Amendment (2)
-
- 4th amendment (1)
- Activity (1)
- American Islam (1)
- Anonymity (1)
- Armed (1)
- Article 14 (1)
- Automobile stops (1)
- Body search (1)
- Cavity search (1)
- Conflict of interest (1)
- Constitutional law (1)
- Criminal (1)
- Criminology and Public Policy (1)
- Dangerous (1)
- Detainee (1)
- Dirty hands (1)
- Employer liability (1)
- Enforcement (1)
- Equal protection doctrine (1)
- FBI (1)
- Feminist legal theory (1)
- Fiqh Council of North America (1)
- Freedom to read (1)
- Frisk (1)
- General warrants (1)
- Publication
Articles 1 - 14 of 14
Full-Text Articles in Law
Profiling With Apologies, Sherry F. Colb
Profiling With Apologies, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Nevada Case Threatens To Expand Terry Stops, Shaun B. Spencer
Nevada Case Threatens To Expand Terry Stops, Shaun B. Spencer
Faculty Publications
This term, the U.S. Supreme Court will review a Nevada decision authorizing police to arrest people for refusing to identify themselves. If affirmed, the decision could reshape how privacy is viewed in the criminal context throughout the United States, and could prompt the Massachusetts Supreme Judicial Court to depart from the Supreme Court’s approach to stop-and-frisk cases. The case is Hiibel v. Sixth Judicial District Court, 59 P.3d 1201 (Nev. 2002), cert. granted, 124 S. Ct. 430 (2003).
Rethinking Miranda: Custodial Interrogation As A Fourth Amendment Search And Seizure, 37 U.C. Davis L. Rev. 1109 (2004), Timothy P. O'Neill
Rethinking Miranda: Custodial Interrogation As A Fourth Amendment Search And Seizure, 37 U.C. Davis L. Rev. 1109 (2004), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Protecting The Citizen Whilst He Is Quiet: Suspicionless Searches, Special Needs And General Warrants, Scott E. Sundby
Protecting The Citizen Whilst He Is Quiet: Suspicionless Searches, Special Needs And General Warrants, Scott E. Sundby
Articles
No abstract provided.
Overcoming Hiddenness: The Role Of Intentions In Fourth Amendment Analysis, Daniel B. Yeager
Overcoming Hiddenness: The Role Of Intentions In Fourth Amendment Analysis, Daniel B. Yeager
Faculty Scholarship
This Article rehearses a response to the problems posed to and by the Supreme Court's attempts to work out the meaning and operation of the word "search." After commencing Part II by meditating on the notion of privacy, I take up its relation to the antecedent suspicion or knowledge that Fourth-Amendment law requires as a justification for all privacy invasions. From there, I look specifically at that uneasy relation in Supreme Court jurisprudence, which has come to privilege privacy over property as a Fourth Amendment value. From there, Part III reviews the sources or bases that can tell us what …
Consent Engendered: A Feminist Critique Of Consensual Fourth Amendment Searches, Dana Raigrodski
Consent Engendered: A Feminist Critique Of Consensual Fourth Amendment Searches, Dana Raigrodski
Articles
As I will argue, the Court's consent-to-search cases are driven by this patriarchal ideology to maintain social structures of power disparities and to perpetuate the subordination of women, minorities, and other disempowered members of society.
We need to acknowledge the power and submission paradigm that underlies police-citizen encounters and to scrutinize the entire notion of consent. In order to confront both power and consent, I will turn to feminist critique of consent, particularly in the area of rape, and to feminist writings about choice and agency. Based on these writings I will argue that by distinguishing coerced consent to a …
Making The Right Gamble: The Odds On Probable Cause, Ronald J. Bacigal
Making The Right Gamble: The Odds On Probable Cause, Ronald J. Bacigal
Law Faculty Publications
Again, is there probable cause to detain, arrest or search each passenger? Is there probable cause to search each passenger's luggage, their autos parked at the airport and their residences? This article seeks the answer to the hypotheticals in sources ranging from the judiciary's own pronouncements on probable cause to linguistics, history mathematics and cognitive psychology.
Raiding Islam: Searches That Target Religious Institutions, John G. Douglass
Raiding Islam: Searches That Target Religious Institutions, John G. Douglass
Law Faculty Publications
On the morning of March 20, 2002, while television cameras recorded the events for the evening news, dozens of federal agents entered and searched the offices of several Islamic educational and religious organizations in Northern Virginia. The agents were searching, it appears, for evidence that those organizations contributed money to international groups known to have sponsored terrorist acts. By most public accounts, the targeted institutions were regarded as moderate and progressive voices in American Islam. For that reason, the searches sent shock waves through the American Muslim community. Muslims who had supported the Administration's domestic war on terrorism began to …
Trager Symposium: Our New Federalism? National Authority And Local Autonomy In The War On Terror: Introduction, Susan Herman
Trager Symposium: Our New Federalism? National Authority And Local Autonomy In The War On Terror: Introduction, Susan Herman
Faculty Scholarship
No abstract provided.
The Pringle Case's New Notion Of Probable Cause: An Assault On Di Re And The Fourth Amendment, Tracey Maclin
The Pringle Case's New Notion Of Probable Cause: An Assault On Di Re And The Fourth Amendment, Tracey Maclin
UF Law Faculty Publications
No abstract provided.
The Right Of Privacy Of Employees With Respect To Employer-Owned Computers And E-Mails, Charles Adams
The Right Of Privacy Of Employees With Respect To Employer-Owned Computers And E-Mails, Charles Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Unconstitutional Police Searches And Collective Responsibility, Bernard E. Harcourt
Unconstitutional Police Searches And Collective Responsibility, Bernard E. Harcourt
Faculty Scholarship
Then the police officer told the suspect, without just cause, "I bet you are hiding [drugs] under your balls. If you have drugs under your balls, I am going to fuck your balls up."
Jon Gould and Stephen Mastrofski document astonishingly high rates of unconstitutional police searches in their groundbreaking article, "Suspect Searches: Assessing Police Behavior Under the U.S. Constitution." By their conservative estimate, 30% of the 115 police searches they studied – searches that were conducted by officers in a department ranked in the top 20% nationwide, that were systematically observed by trained field observers, and that were coded …
Protecting The Lady From Toledo: Post-Usa Patriot Act Electronic Surveillance At The Library, Susan Nevelow Mart
Protecting The Lady From Toledo: Post-Usa Patriot Act Electronic Surveillance At The Library, Susan Nevelow Mart
Publications
Library patrons are worried about the government looking over their shoulder while they read and surf the Internet. Because of the broad provisions of the USA PATRIOT Act, the lack of judicial and legislative oversight, the potential for content overcollection, and the ease with which applications for pen register, section 215 orders, or national security letters can be obtained, these fears cannot be dismissed.
'A Flame Of Fire': The Fourth Amendment In Perilous Times, John Burkoff
'A Flame Of Fire': The Fourth Amendment In Perilous Times, John Burkoff
Articles
The important questions we need to ask and to answer in the perilous times in which we live is whether the Fourth Amendment applies in the same fashion not just to run of the mill criminals, but also to terrorists and suspected terrorists, individuals who are committing or who have committed B or who may be poised to commit B acts aimed at the destruction of extremely large numbers of people? Professor Burkoff argues that we can protect ourselves from cataclysmic threats of this sort and still maintain a fair and objective application of Fourth Amendment doctrine that respects our …