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Full-Text Articles in Law
Fourth Amendment Infringement Is Afoot: Revitalizing Particularized Reasonable Suspicion For Terry Stops Based On Vague Or Discrepant Suspect Descriptions, Caroline E. Lewis
Fourth Amendment Infringement Is Afoot: Revitalizing Particularized Reasonable Suspicion For Terry Stops Based On Vague Or Discrepant Suspect Descriptions, Caroline E. Lewis
William & Mary Law Review
In Terry v. Ohio, the Supreme Court granted law enforcement broad power to perform a limited stop and search of someone when an officer has reasonable suspicion that the person is engaged in criminal activity. The resulting “Terry stop” created a way for police officers to investigate a suspicious person without requiring full probable cause for an arrest. The officer need only have “reasonable suspicion supported by articulable facts” based on the circumstances and the officer’s policing “experience that criminal activity may be afoot.” Reasonable suspicion is—by design—a broad standard, deferential to police officers’ judgment. Law enforcement officers …
Taking Shelter Under The Fourth Amendment: The Constitutionality Of Policing Methods At State-Sponsored Natural Disaster Shelters, Kyle M. Wood
William & Mary Law Review
No abstract provided.
Privacy And Consent Over Time: The Role Of Agreement In Fourth Amendment Analysis, Christine Jolls
Privacy And Consent Over Time: The Role Of Agreement In Fourth Amendment Analysis, Christine Jolls
William & Mary Law Review
No abstract provided.
Unintentional Levels Of Force In §1983 Excessive Force Claims, Nathan R. Pittman
Unintentional Levels Of Force In §1983 Excessive Force Claims, Nathan R. Pittman
William & Mary Law Review
No abstract provided.
The Fourth Amendment Rights Of Children At Home: When Parental Authority Goes Too Far, Kristin Henning
The Fourth Amendment Rights Of Children At Home: When Parental Authority Goes Too Far, Kristin Henning
William & Mary Law Review
Although it is virtually undisputed that children have some Fourth Amendment rights independent of their parents, it is equally clear that youth generally receive less constitutional protection than adults. In a search for continuity and coherence in Fourth Amendment jurisprudence involving minors, Professor Henning identifies three guiding principles—context, parental authority, and the minor’s capacity—that weave together children’s rights cases. She argues that parental authority too often prevails over children’srights, even when context and demonstrated capacity would supportaffirmation of those rights. Context involves both the physical settingin which Fourth Amendment protections are sought and the nature of the privacy interest at …
The Death Of Suspicion, Fabio Arcila Jr.
The Death Of Suspicion, Fabio Arcila Jr.
William & Mary Law Review
At the nation’s founding, search warrants and the concept of suspicion were well entrenched as a means of limiting governmental search power. This tradition largely explains why today’s Fourth Amendment law includes two foundational black letter rules: the presumptive warrant requirement and the presumptive suspicion requirement. Unfortunately, neither of these rules is correct. Certainly they have historical support, especially in the common law. But whether they reflect the totality of our historic experience is questionable, especially when civil search practices are considered. More importantly, modern developments—such as urban life and technological advancements, the rise of the regulatory state, and post-9/11 …
Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman
Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman
William & Mary Law Review
No abstract provided.
The Long Distance Remand: Florida V. Bostick And The Re-Awakened Bus Search Battlefront In The War On Drugs, Dennis J. Callahan
The Long Distance Remand: Florida V. Bostick And The Re-Awakened Bus Search Battlefront In The War On Drugs, Dennis J. Callahan
William & Mary Law Review
No abstract provided.
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.
Ad Hoc Adjudication: People V. Champion, Another Confusing Element In The Turmoil Following Minnesota V. Dickerson, Audra A. Dial
Ad Hoc Adjudication: People V. Champion, Another Confusing Element In The Turmoil Following Minnesota V. Dickerson, Audra A. Dial
William & Mary Law Review
No abstract provided.
Abridged Too Far: Anticipatory Search Warrants And The Fourth Amendment, Michael J. Flannery
Abridged Too Far: Anticipatory Search Warrants And The Fourth Amendment, Michael J. Flannery
William & Mary Law Review
No abstract provided.
"The Right Of The People To Be Secure...": Toward A Metatheory Of The Fourth Amendment, Thomas E. Baker
"The Right Of The People To Be Secure...": Toward A Metatheory Of The Fourth Amendment, Thomas E. Baker
William & Mary Law Review
No abstract provided.
Airport Freight And Passenger Searches: Application Of Fourth Amendment Standards
Airport Freight And Passenger Searches: Application Of Fourth Amendment Standards
William & Mary Law Review
No abstract provided.