Law Commons^™

Pennsylvania Constitutional Law - Search And Seizure - Right To Privacy - Individual Banking Records, Jane E. L. Miller

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Pennsylvania Constitution protects an individual bank depositor's records from unauthorized police subpoenas when no legal proceedings have been instituted against the individual.

Commonwealth v. DeJohn, 403 A.2d 1283 (Pa. 1979)

Constitutional Law - Fourth Amendment - Search And Seizure - Title Iii Of The Omnibus Crime Control And Safe Streets Act Of 1968 - Electronic Surveillance - Covert Entry, Gregory R. Lyons

Duquesne Law Review

The United States Supreme Court has held that the fourth amendment does not require that a Title III electronic surveillance order include a specific authorization for law enforcement officers to covertly enter the premises described in the order to install a listening device.

Dalia v. United States, 441 U.S. 238 (1979)

Righting Constitutional Wrongs: The Development Of A Constitutionally Implied Cause Of Action For Damages, Marilyn Sydeski

Duquesne Law Review

Until the Supreme Court's 1971 decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, the cause of action for damages in a case arising directly under the Constitution had not been explicitly recognized. The author examines the Bivens decision and charts the extension of the Bivens remedy to other constitutional violations. She concludes that although it is still not completely clear when the damages remedy may be invoked, recent decisions provide assistance to courts confronted with damages claims arising under the constitution.