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University of Tennessee College of Law

Scholarly Works

2006

Constitutional law

Articles 1 - 3 of 3

Full-Text Articles in Law

The Price Of Pretrial Release: Can We Afford To Keep Our Fourth Amendment Rights?, Melanie Wilson Nov 2006

The Price Of Pretrial Release: Can We Afford To Keep Our Fourth Amendment Rights?, Melanie Wilson

Scholarly Works

This Article looks at the intersection of the Fourth Amendment, which protects Americans' personal security against arbitrary and oppressive searches by law enforcement officials, and the Eighth Amendment, which proscribes excessive bail. The focus is on the validity and effectiveness of an arrested person's agreement to relinquish some or all of her Fourth Amendment rights as a means of gaining freedom from pre-trial detention. In other words, can an arrested person validly "consent" to waive some of her Fourth Amendment rights to avoid pre-trial detention? Recently, in a case of first impression in the federal courts of appeal, the Ninth …


Looking Ahead: October Term 2007, Glenn Harlan Reynolds Jan 2006

Looking Ahead: October Term 2007, Glenn Harlan Reynolds

Scholarly Works

A look at some interesting cases likely to come before the U.S. Supreme Court, including Parker v. District of Columbia, the case in which the D.C. gun ban was overturned.


The Detention Of Material Witnesses And The Fourth Amendment, Joseph G. Cook Jan 2006

The Detention Of Material Witnesses And The Fourth Amendment, Joseph G. Cook

Scholarly Works

No abstract provided.