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Articles 1 - 27 of 27
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
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
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
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
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
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
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
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.
Wyoming V. Houghton: Passengers' Belongings Subject To Searches Under The "Automobile Exception" To The Fourth Amendment's Warrant Requirements, Theresa H. Hammond
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.
Don't Rush To Abandon A Suspicion-Based Standard For Searches Of Public School Students, J. Nathan Jensen
Don't Rush To Abandon A Suspicion-Based Standard For Searches Of Public School Students, J. Nathan Jensen
BYU Law Review
No abstract provided.
Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji
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 …
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
The Domestic Fourth Amendment Rights Of Undocumented Immigrants: On Guitterez And The Tort Law/Immigration Law Parallel, Victor C. Romero
The Domestic Fourth Amendment Rights Of Undocumented Immigrants: On Guitterez And The Tort Law/Immigration Law Parallel, Victor C. Romero
Journal Articles
This Article is composed of three parts. Part I examines the problems raised by the Gutierrez I regime, including the collapse of the protective constitutional floor of immigrants' rights portended by that decision. Part II contends that the current plenary power approach to immigration and immigrants' rights issues would likely support, rather than dismantle, the Gutierrez I approach to undocumented immigrants' Fourth Amendment rights. Part III provides an alternative to the plenary power regime by drawing a parallel between domestic tort law for premises liability and immigrants' rights law. This part concludes by showing that Rowland and its progeny could …
Dna Fingerprinting - Justifying The Special Need For The Fourth Amendment's Intrusion Into The Zone Of Privacy, Deborah F. Barfield
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
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.
Case Notes: State V. Jackson: Warning - Roadblock Ahead! Louisiana Creates Log Jam Of Search And Seizure Analysis, Marc L. Roark
Case Notes: State V. Jackson: Warning - Roadblock Ahead! Louisiana Creates Log Jam Of Search And Seizure Analysis, Marc L. Roark
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Public School Officials' Use Of Physical Force As A Fourth Amendment Seizure: Protecting Students From The Constitutional Chasm Between The Fourth And Fourteenth Amendments, Kathryn R. Urbonya
Public School Officials' Use Of Physical Force As A Fourth Amendment Seizure: Protecting Students From The Constitutional Chasm Between The Fourth And Fourteenth Amendments, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel
The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Filling In Some Pieces: The Supreme Court’S Criminal Law Decisions In The 1998-1999 Term, William E. Hellerstein
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.
Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard Harcourt
Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard Harcourt
Faculty Scholarship
The October 1999 Term was a year of consolidation in the law of police investigations in constitutional criminal procedure. In four short and compact opinions – three supported by sizeable majorities and three written by the Chief Justice – the Supreme Court synthesized and consolidated its criminal procedure jurisprudence, and offered clear guidance to law enforcement officers and private citizens alike. Miranda warnings are required by the Fifth Amendment, and the police must continue to "Mirandize" citizens before conducting any custodial interrogations. Reasonable suspicion under the Fourth Amendment calls for a totality-of-the-circumstances test, and a citizen's flight from the police …
Urine Trouble! Extending Constitutionality To Mandatory Suspicionless Drug Testing Of Students In Extracurricular Activities, James M. Mccray
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
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
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
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
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
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 …
Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller
Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller
Journal Articles
In prison, surveillance is power and power is sexualized. Sex and surveillance, therefore, are profoundly linked. Whereas numerous penal scholars from Bentham to Foucault have theorized the force inherent in the visual monitoring of prisoners, the sexualization of power and the relationship between sex and surveillance is more academically obscure. This article criticizes the failure of federal courts to consider the strong and complex relationship between sex and surveillance in analyzing the constitutionality of prison searches, specifically, cross-gender searches.
The analysis proceeds in four parts. Part One introduces the issues posed by sex and surveillance. Part Two describes the sexually …
Constitutional Standards For Suspicionless Student Drug Testing: A Moving Target, Benjamin Gerald Dusing
Constitutional Standards For Suspicionless Student Drug Testing: A Moving Target, Benjamin Gerald Dusing
Kentucky Law Journal
No abstract provided.