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Fourth Amendment

University of Miami Law School

Fourth Amendment

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Full-Text Articles in Law

Everyman's Exclusionary Rule: The Exclusionary Rule And The Rule Of Law (Or Why Conservatives Should Embrace The Exclusionary Rule), Scott E. Sundby Jan 2013

Everyman's Exclusionary Rule: The Exclusionary Rule And The Rule Of Law (Or Why Conservatives Should Embrace The Exclusionary Rule), Scott E. Sundby

Articles

No abstract provided.


The Fourth Amendment In The Information Age, Ricardo J. Bascuas Jan 2013

The Fourth Amendment In The Information Age, Ricardo J. Bascuas

Articles

In 2013, the Supreme Court tacitly conceded that the expectations-of-privacy test used since 1967 to assess claims of Fourth Amendment violations was inadequate. It asserted that the previous property-based test for Fourth Amendment violations had never despite widespread agreement to the contrary been overruled. The Court compounded its artfulness by applying a new, significantly weaker trespass test that, like the expectations-of-privacy test, enjoys no legal pedigree. This new trespass test, which is to be applied together with the expectations-of-privacy test, suffers from the same defect as the test it purportedly supplements. It does not require the government to respect private …


Mapp V. Ohio's Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby Jan 2010

Mapp V. Ohio's Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby

Articles

No abstract provided.


Protecting The Citizen Whilst He Is Quiet: Suspicionless Searches, Special Needs And General Warrants, Scott E. Sundby Jan 2004

Protecting The Citizen Whilst He Is Quiet: Suspicionless Searches, Special Needs And General Warrants, Scott E. Sundby

Articles

No abstract provided.


Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby Jan 1994

Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby

Articles

No abstract provided.