Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Court Of Appeals Dynamics In The Aftermath Of A Supreme Court Ruling, Stephen L. Wasby
Court Of Appeals Dynamics In The Aftermath Of A Supreme Court Ruling, Stephen L. Wasby
Golden Gate University Law Review
This Article provides an examination of such complex dynamic interaction in the aftermath of the key 1973 border-search case of Almeida-Sanchez v. United States. In that aftermath, the U.S. Court of Appeals for the Ninth Circuit, where that case originated, had to cope with a mix of fast-developing Fourth Amendment law and the uncertain law of retroactivity as well as the effects in the many recently decided or pending appeals stemming from searches of varying intrusiveness at or near the border, at fixed checkpoints, whether permanent or temporary at a given location, or by roving patrols. The resulting question of …