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Articles 1 - 18 of 18
Full-Text Articles in Law
United States V. Dzialak: The General Search Warrant - A Void In Judicial Logic, Michael F. Easley
United States V. Dzialak: The General Search Warrant - A Void In Judicial Logic, Michael F. Easley
North Carolina Central Law Review
No abstract provided.
United States V. Ortiz, Lewis F. Powell Jr.
United States V. Ortiz, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
U.S. V. Robinson: What Is Reasonable, Robert C. Williams
U.S. V. Robinson: What Is Reasonable, Robert C. Williams
North Carolina Central Law Review
No abstract provided.
Terry And The Pirates: Constitutionality Of Airport Searches And Seizures, James A. Brodsky
Terry And The Pirates: Constitutionality Of Airport Searches And Seizures, James A. Brodsky
Kentucky Law Journal
No abstract provided.
Recent Decisions, Stanley D. Miller, G. Cranwell Montgomery, Douglas I. Friedman
Recent Decisions, Stanley D. Miller, G. Cranwell Montgomery, Douglas I. Friedman
Vanderbilt Journal of Transnational Law
Recent Decisions
Admiralty--Maritime Wrongful Death Action--A Maritime Wrongful Death Action for Unseaworthiness Alleging Loss of Support, Services, Society and Funeral Expenses is not Barred by Decedent's Recovery of Damages for Personal Injuries during His Lifetime
Stanley D. Miller
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Constitutional Law--Fourth Amendment Search and Seizure--Without Consent, Warrant or Probable Cause, A Roving Patrol Search of a Vehicle Twenty-Five Miles from Border is an Unreasonable Search and Seizure within Meaning of Fourth Amendment
G. Cranwell Montgomery
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Jurisdiction--Securities Exchange Act of 1934--Section 10(b) applies to Fraudulent Transaction in Unlisted Foreign Securities when the Only Conduct within the United States is the …
The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White
The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White
Articles
One way to regard what the Supreme Court has done in the cases it has decided under the Fourth Amendment is to say that it has created a specialized discourse of adjudication, a language in which it can talk about and dispose of the repeated conflicts that arise between an officer engaged in the process of crime control and a citizen upon whose freedom or security he intrudes. The events which bring these two figures together are bewildering in their variety and complexity, and the claims on each side are deeply felt and strenuously made. It has not been easy …
Search And Seizure- Knowledge Of Fourth Amendment Rights Not A Prerequisite To A Valid Consent Search
University of Richmond Law Review
The fourth amendment to the United States Constitution, applicable to the states through the fourteenth amendment, guarantees to every citizen the indefeasible right to be secure against unreasonable searches and seizures. As a response to a long history of English colonial abuses, the fourth amendment was intended by the drafters of the Bill of Rights to be a safeguard against governmental misuse of the writs of assistance' and the general warrant. The Supreme Court has broadly interpreted the constitutional mandate of the fourth amendment as proscribing all searches and seizures which do not comply with its stringent provisions. However, certain …
Search And Seizure- Permissible Scope Of A Search Incident To A Valid Custodial Arrest
Search And Seizure- Permissible Scope Of A Search Incident To A Valid Custodial Arrest
University of Richmond Law Review
While the fourth amendment does not make a warrant mandatory for all searches, it does require that all searches meet the test of reasonableness. The search incident to a lawful arrest is one of the well-established exceptions to the warrant requirement. The incidental search doctrine and the exclusionary rule were first discussed by the United States Supreme Court in Weeks v. United States. The Supreme Court's failure to enunciate definitive standards in defining the permissible scope of a search incident to an arrest has created numerous problems for the courts and police. The limitations on the permissible scope of a …
Criminal Law Notes: Fourth Amendment Developments And Their Impact Upon The Criminal Process In Indiana, F. Thomas Schornhorst
Criminal Law Notes: Fourth Amendment Developments And Their Impact Upon The Criminal Process In Indiana, F. Thomas Schornhorst
Articles by Maurer Faculty
No abstract provided.
Criminal Law Notes: The Preliminary Hearing As A Constitutional Requirement, F. Thomas Schornhorst
Criminal Law Notes: The Preliminary Hearing As A Constitutional Requirement, F. Thomas Schornhorst
Articles by Maurer Faculty
No abstract provided.
Constitutional Law - Fourth Amendment - A Witness May Not Invoke The Exclusionary Rule To Suppress Evidence Before The Grand Jury Or As A Basis For Refusing To Answer Questions Based On Evidence Seized In Violation Of His Fourth Amendment Rights, Leland G. Ripley
Villanova Law Review
No abstract provided.
Constitutional Sources Of The Penumbral Right To Privacy, R. H. Clark
Constitutional Sources Of The Penumbral Right To Privacy, R. H. Clark
Villanova Law Review
No abstract provided.
Constitutional Law - Fourth Amendment - Conduct Of An Effective Foreign Policy Demands That Presidential Power To Conduct Electronic Surveillance For Foreign Affaris Purposes Not Be Subjected To Warrant Requirement, And That Subsequent Judicial Review Be Limited, Mark R. Cuker
Villanova Law Review
No abstract provided.
United States V. Robinson, Thomas E. Downey Jr., Patrick J. Alcox, Thomas F. Harper, Michael Kieffer
United States V. Robinson, Thomas E. Downey Jr., Patrick J. Alcox, Thomas F. Harper, Michael Kieffer
Cleveland State Law Review
This article provides an overview of fourth amendment litigation that focused on the question of what constitutes an “unreasonable” search. The Supreme Court had previously provided guidance in Terry v. Ohio and Chimel v. California. This article provides a brief overview of these cases, and then it turns to more thoroughly examine the decision in US v. Robinson.
The Automobile Inventory Search And Cady V. Dombrowski, Robert M. Hall
The Automobile Inventory Search And Cady V. Dombrowski, Robert M. Hall
Villanova Law Review
No abstract provided.
Katz And The Fourth Amendment: A Reasonable Expectation Of Privacy Or, A Man's Home Is His Fort, Richard L. Aynes
Katz And The Fourth Amendment: A Reasonable Expectation Of Privacy Or, A Man's Home Is His Fort, Richard L. Aynes
Cleveland State Law Review
While there are a great many cases and commentaries treating fourth amendment rights, little attention has been given to the circumstances that must exist in order for it to be said that a search and seizure has taken place. The purpose of this note is to explore the issues involved in determining when the conduct of law enforcement officers constitutes a search and seizure. Consideration will be given to Katz v. United States, which established the test to be applied in making this determination; to the application of Katz and its effect upon fourth amendment protections; to alternatives for the …
Airport Searches And The Right To Travel: Some Constitutional Questions, Donald Applestein
Airport Searches And The Right To Travel: Some Constitutional Questions, Donald Applestein
Cleveland State Law Review
Historically the constitutional right to travel has arisen in two contexts. First, it has arisen within the context of the competing interests of the individual to travel internationally and the interest in national security. The other is that in which an individual wishes to travel to some area, and the government restricts that right in an effort to protect the persons in the area to which the individual wishes to travel. However, under the current airport screening procedures the right to travel may be being restricted or interfered with in another context: prevention and detection of criminal activity. This note …
Is The Exclusionary Rule In Failing Health? Some New Data And A Plea Against A Precipitous Conclusion, Bradley C. Canon
Is The Exclusionary Rule In Failing Health? Some New Data And A Plea Against A Precipitous Conclusion, Bradley C. Canon
Kentucky Law Journal
No abstract provided.