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Articles 1 - 5 of 5
Full-Text Articles in Law
The Constitutionality Of Airport Searches, Michigan Law Review
The Constitutionality Of Airport Searches, Michigan Law Review
Michigan Law Review
This Note will discuss airport searches in comparison to several situations in which the courts have found that the requirements of the fourth amendment do not apply or are satisfied even in the absence of a warrant: border searches, administrative searches, stop-and-frisk searches, and searches under express or implied consent. None of these are perfectly analogous to the present airport procedures. Therefore, if airport searches are to be allowed, either the procedures must be modified to fit the established exceptions, or a new exception to the warrant requirement of the fourth amendment must be created.
Airport Freight And Passenger Searches: Application Of Fourth Amendment Standards
Airport Freight And Passenger Searches: Application Of Fourth Amendment Standards
William & Mary Law Review
No abstract provided.
The Constitutional Dilemma Of A Person Predisposed To Criminal Behavior, John A. Chandler, Stanley F. Rose
The Constitutional Dilemma Of A Person Predisposed To Criminal Behavior, John A. Chandler, Stanley F. Rose
Vanderbilt Law Review
The basic premise of American criminal jurisprudence is that individuals are capable of controlling their behavior.' The threat of incarceration is intended to be a deterrent to antisocial conduct. State and federal penal systems are called "correctional institutions"--implying that a person is incarcerated in order to modify unacceptable behavior. Criminal laws are drafted with goals of discouraging antisocial conduct,punishing and reforming the guilty, and protecting society against dangerous individuals. The first two purposes are served only if a person can respond to negative reinforcement by conducting himself in socially acceptable ways. Individuals incapable of controlling antisocial behavior are not accounted …
The Fourth Amendment At The Airport: Arriving, Departing Or Cancelled?, Joel Gora
The Fourth Amendment At The Airport: Arriving, Departing Or Cancelled?, Joel Gora
Faculty Scholarship
No abstract provided.
Political Surveillance And The Fourth Amendment, Alan Meisel
Political Surveillance And The Fourth Amendment, Alan Meisel
Articles
The United States District Court case has left the scope of the warrant protection of the fourth amendment considerably clearer and broader. The door left ajar in Katz has been firmly fastened shut by the Court leaving only the traditional exceptions to the warrant requirement, which are based upon practical necessity, and the still unconfronted question of the power of the executive to conduct warrantless surveillances of foreign agents in national security cases." It is also clear that courts are no less competent to evaluate the appropriateness of a search and seizure in an internal security case than in a …