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Fourth Amendment

1982

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Articles 1 - 20 of 20

Full-Text Articles in Law

Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer Nov 1982

Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer

Cornell Law Faculty Publications

No abstract provided.


Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison Oct 1982

Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


United States V. Ross And The Container Cases -- Another Chapter In The Police Manual On Search And Seizure, Vincent G. Torpy, Jr. Oct 1982

United States V. Ross And The Container Cases -- Another Chapter In The Police Manual On Search And Seizure, Vincent G. Torpy, Jr.

Florida State University Law Review

No abstract provided.


Illinois V. Lafayette, Lewis F. Powell Jr. Oct 1982

Illinois V. Lafayette, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Place, Lewis F. Powell Jr. Oct 1982

United States V. Place, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Knotts, Lewis F. Powell Jr. Oct 1982

United States V. Knotts, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Florida V. Royer, Lewis F. Powell Jr. Oct 1982

Florida V. Royer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Texas V. Brown, Lewis F. Powell Jr. Oct 1982

Texas V. Brown, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Illinois V. Gates, Lewis F. Powell Jr. Oct 1982

Illinois V. Gates, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson Oct 1982

The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson

Faculty Publications

No abstract provided.


Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review May 1982

Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review

Michigan Law Review

Part I briefly identifies the considerations underlying the Stone Court's decision to limit habeas corpus review of fourth amendment claims. Part II then argues against applying Stone to the sixth amendment claim. After establishing the analytic difference between the two constitutional claims and examining Stone's "opportunity for full and fair litigation" standard, it concludes that Stone is fully consistent with free review of habeas corpus petitions alleging incompetent handling of fourth amendment questions. Finally, responding to a popular interpretation of Stone, Part II demonstrates that the possibility that ineffectiveness claims may not further the determination of a defendant's …


The Erosion Of Probable Cause, Frederick D. Unger Apr 1982

The Erosion Of Probable Cause, Frederick D. Unger

North Carolina Central Law Review

No abstract provided.


Colloquy, Mr. Wiseman, Professor Uviller, Ms. Rosen, Professor Zeisel, Professor Reiss, Mr. Washington, Mr/ Carrington, Ms. Collins, Professor Tonry, Mr. Hishta Apr 1982

Colloquy, Mr. Wiseman, Professor Uviller, Ms. Rosen, Professor Zeisel, Professor Reiss, Mr. Washington, Mr/ Carrington, Ms. Collins, Professor Tonry, Mr. Hishta

Vanderbilt Law Review

At present, our system of criminal law administration has a considerable Rube Goldberg quality to it. Once the system decides to imprison a particular defendant--if we except from the generalization the couple of states that recently changed their laws in fundamental respects--the judge naturally asks himself what will happen when this man goes to prison. The answer is that the convicted offender will sit in prison for as long as the parole board wants him to. The judge must next consider whether any constraints exist on the parole board's decisions on when to release people from prison. In a third …


United States V. Ross: The Supreme Court Redefines The Scope Of Warrantless Searches Under The Automobile Exception, Mary C. Gilhooly Jan 1982

United States V. Ross: The Supreme Court Redefines The Scope Of Warrantless Searches Under The Automobile Exception, Mary C. Gilhooly

Loyola University Chicago Law Journal

No abstract provided.


The Exclusionary Rule Revisited: Good Faith In Fourth Amendment Search And Seizure, Holly Martin Stone Jan 1982

The Exclusionary Rule Revisited: Good Faith In Fourth Amendment Search And Seizure, Holly Martin Stone

Kentucky Law Journal

No abstract provided.


Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag Jan 1982

Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag

Publications

No abstract provided.


Unrecorded Oral Testimony In Support Of A Search Warrant: Is It Admissible? Is It Advisable?, Paul Benjamin Linton Jan 1982

Unrecorded Oral Testimony In Support Of A Search Warrant: Is It Admissible? Is It Advisable?, Paul Benjamin Linton

Loyola University Chicago Law Journal

No abstract provided.


Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd Jan 1982

Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd

UIC Law Review

No abstract provided.


Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar Jan 1982

Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar

Articles

Twenty years ago, concurring in Mapp v. Ohio (1961), Justice William 0. Douglas looked back on Wolf v. Colorado (1949) (which had held that the Fourth Amendment's substantive protection against "unreasonable search and seizure" was binding on the states through the due process clause, but that the Fourth Amendment exclusionary rule was not) and recalled that the Wolf case had evoked "a storm of controversy which only today finds its end." But, of course, in the twenty years since Justice Douglas made that observation the storm of controversy has only intensified, and it has engulfed the exclusionary rule in federal …


How We Got The Fourth Amendment Exclusionary Rule And Why We Need It, Yale Kamisar Jan 1982

How We Got The Fourth Amendment Exclusionary Rule And Why We Need It, Yale Kamisar

Articles

Why the continuing storm of controversy over the exclusionary rule? Why the deep and widespread hostility to it? I think a recent law office search case, because it arose in a setting so unlike the typical search and seizure case, furnishes a clue. In O'Connor v. Johnson, St. Paul police obtained a warrant to search an attorney's office for business records of a client suspected of making false written statements in applying for a liquor license. The attorney happened to be present when the police arrived. Holding on to his work product file, which contained some of the records sought, …