Law Commons^™

Filling The Potholes Of Pretextual Traffic Stops: A Better Road Forward For Ohio, Jordan Weeks

Cleveland State Law Review

The Fourth Amendment was one of the driving forces behind the United States Revolution. This Amendment generally protects individuals against “unreasonable” searches and seizures. But what does “reasonable” mean in the context of a traffic stop?

In 1996, the U.S. Supreme Court in Whren v. United States tried answering this question. In so doing, the Court determined that pretextual traffic stops are “reasonable.” Pretextual traffic stops occur where an officer stops a vehicle and cites a lawful reason for the stop, yet the underlying reason is unlawful. The Whren Court determined that an officer’s intent is completely irrelevant to whether …

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 …

Crimes And Errors Impossible To Commit: Defining Away The Fourth Amendment - Wyoming V. Houghton, Rachel Gader-Shafran

Cleveland State Law Review

This Note contends that the Court's decision to adopt the Houghton approach to the automobile warrant exception is problematic for three reasons. First, the Court has erroneously interpreted the historical evidence behind the creation of the Fourth Amendment. Second, the Court, by chipping away at stare decisis, is disrupting the foundations of American jurisprudence and the development of the law. Third, by creating a new lexicon, changing the meanings of the words, the Court is trying to define away the protections afforded by the Fourth Amendment. This Note will briefly summarize the facts of Houghton and review the historical purpose …

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 …