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Independensi Penegak Hukum Dan Pengawasan Preventif Dalam Penegakan Hukum Di Komisi Pemberantasan Korupsi Pasca Putusan Mahkamah Konstitusi Nomor 70/Puu-Xvii/2019, Aimi Solidei Manalu, Samuel Fajar Hotmangara Tua Siahaan Dec 2022

Independensi Penegak Hukum Dan Pengawasan Preventif Dalam Penegakan Hukum Di Komisi Pemberantasan Korupsi Pasca Putusan Mahkamah Konstitusi Nomor 70/Puu-Xvii/2019, Aimi Solidei Manalu, Samuel Fajar Hotmangara Tua Siahaan

Jurnal Konstitusi & Demokrasi

In 2021, the Constitutional Court issued Decision Number 70/PUU-XVII/2019, partially granting the petitioner's request for judicial review. The content of the decision includes emphasizing the independence of the Corruption Eradication Commission (KPK) and confirming the position of the Corruption Eradication Commission Supervisory Board in the Corruption Eradication Commission's law enforcement structure. However, following the issuance of the verdict, there are several imperfect legal gaps related to the position of the Corruption Eradication Commission. These legal gaps relate to the extent of the independence of the Corruption Eradication Commission when linked to the independence of the judicial power, as the Corruption …


Antiracism In Action, Daniel Harawa, Brandon Hasbrouck Jul 2021

Antiracism In Action, Daniel Harawa, Brandon Hasbrouck

Washington and Lee Law Review

Racism pervades the criminal legal system, influencing everything from who police stop and search, to who prosecutors charge, to what punishments courts apply. The Supreme Court’s fixation on colorblind application of the Constitution gives judges license to disregard the role race plays in the criminal legal system, and all too often, they do. Yet Chief Judge Roger L. Gregory challenges the facially race-neutral reasoning of criminal justice actors, often applying ostensibly colorblind scrutiny to achieve a color-conscious jurisprudence. Nor is he afraid of engaging directly in a frank discussion of the racial realities of America, rebuking those within the system …


Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, Jo J. Phippin Mar 2021

Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, Jo J. Phippin

Public Land & Resources Law Review

The Supreme Court of the United States ("Supreme Court") will hear oral arguments in this matter on Tuesday, March 23, 2021. This case presents the narrow issue of whether a tribal police officer has the authority to investigate and detain a non-Indian on a public right-of-way within a reservation for a suspected violation of state or federal law. The lower courts, holding that tribes have no such authority, granted James Cooley’s motion to suppress evidence. The Supreme Court must decide whether the lower courts erred in so deciding. While the issue before the Supreme Court is itself narrow, it has …


Peffer V. Stephens: Probable Cause, Searches And Seizures Within The Home, And Why Using Technology Should Not Open Your Front Door, Shane Landers May 2020

Peffer V. Stephens: Probable Cause, Searches And Seizures Within The Home, And Why Using Technology Should Not Open Your Front Door, Shane Landers

Texas A&M Law Review

The Fourth Amendment provides for the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. Search warrants may only be issued upon a finding of probable cause. This core tenet of our constitutional republic becomes progressively flexible with every development in Fourth Amendment interpretation. In Peffer v. Stephens, the United States Court of Appeals for the Sixth Circuit delivered the latest blow to constitutional rights that restrict the State from engaging in unprincipled searches. In an issue of first impression, the Sixth Circuit held that a criminal defendant’s alleged use …


State V. Pinkham: Erosion Of Meaningful Forth Amendment Protection For Vehicle Stops In Maine?, Roger M. Clement Jr. Apr 2020

State V. Pinkham: Erosion Of Meaningful Forth Amendment Protection For Vehicle Stops In Maine?, Roger M. Clement Jr.

Maine Law Review

In State v. Pinkham, the Maine Supreme Judicial Court, sitting as the Law Court, held that a police officer's stop of a motorist to inquire and advise about the motorist's improper-but not illegal-lane usage did not necessarily violate the Fourth Amendment's proscription against unreasonable seizures. The Pinkham decision is the first time that the Law Court has validated the stop of a moving vehicle in the absence of either a suspected violation of law or an imminent, ongoing threat to highway safety.
This Note considers whether the Law Court was correct in sustaining the police officer's stop of Ronald Pinkham. …


Survey Of Washington Search And Seizure Law: 2019 Update, Justice Charles W. Johnson, Justice Debra L. Stephens Aug 2019

Survey Of Washington Search And Seizure Law: 2019 Update, Justice Charles W. Johnson, Justice Debra L. Stephens

Seattle University Law Review

This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …


The Constitutional Risks Of Ridesharing: Fourth Amendment Protections Of Passengers In Uber And Lyft, Genesis Martinez Jan 2019

The Constitutional Risks Of Ridesharing: Fourth Amendment Protections Of Passengers In Uber And Lyft, Genesis Martinez

FIU Law Review

No abstract provided.


The Federal Criminal Forfeiture Statute: Reining In The Government’S Previously Unbridled Ability To Seize Pretrial Assets, Kristyn Fleming Francese May 2018

The Federal Criminal Forfeiture Statute: Reining In The Government’S Previously Unbridled Ability To Seize Pretrial Assets, Kristyn Fleming Francese

Pace Law Review

American organized crime movies are synonymous with a climatic raid and seizure of illegal assets – typically drugs and guns. But what is really encompassed within the Government’s grasp; what are the “illegal assets”? The truth is that the Government has a wide reach and the criminal seizures don’t end when the screen goes black and the credits roll. The Federal Criminal Forfeiture Statute, as applied to RICO and CCE cases, typically entails the forfeiture of any asset connected to the underlying crimes. Given that criminal forfeiture penalties have ethical and constitutional considerations, it is not surprising to learn that …


Sniffing Out The Fourth Amendment: United States V. Place-Dog Sniffs-Ten Years Later, Hope Walker Hall May 2018

Sniffing Out The Fourth Amendment: United States V. Place-Dog Sniffs-Ten Years Later, Hope Walker Hall

Maine Law Review

In the endless and seemingly futile government war against drugs, protections afforded by the Fourth Amendment of the United States Constitution may have fallen by the wayside as courts struggle to deal with drug offenders. The compelling government interest in controlling the influx of drugs all too often results in a judicial attitude that the ends justify the means. Judges can be reluctant to exclude evidence of drugs found in an unlawful search pursuant to the exclusionary rule, which provides that illegally obtained evidence may not be used at trial. The exclusion of drugs as evidence in drug cases often …


Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants, Christopher Joseph Apr 2017

Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants, Christopher Joseph

Barry Law Review

No abstract provided.


The Private Search Doctrine And The Evolution Of Fourth Amendment Jurisprudence In The Face Of New Technology: A Broad Or Narrow Exception?, Adam A. Bereston Mar 2017

The Private Search Doctrine And The Evolution Of Fourth Amendment Jurisprudence In The Face Of New Technology: A Broad Or Narrow Exception?, Adam A. Bereston

Catholic University Law Review

The advent of new technology has presented courts with unique challenges when analyzing searches and seizures under the Fourth Amendment. Out of necessity, the application of the Fourth Amendment has evolved to address privacy issues stemming from modern technology that could not have been anticipated by the Amendment’s drafters. As part of this evolution, the Supreme Court devised the “private search” doctrine, which upholds the constitutionality of warrantless police searches of items that were previously searched by a private party, so long as the police search does not exceed the scope of the private-party search. However, courts have struggled to …


When The Police Get The Law Wrong: How Heien V. North Carolina Further Erodes The Fourth Amendment, Vivan M. Rivera Jan 2016

When The Police Get The Law Wrong: How Heien V. North Carolina Further Erodes The Fourth Amendment, Vivan M. Rivera

Loyola of Los Angeles Law Review

No abstract provided.


Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris Nov 2014

Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris

Touro Law Review

No abstract provided.


State V. Brossart: Adapting The Fourth Amendment For A Future With Drones, Thomas Bryan Jun 2014

State V. Brossart: Adapting The Fourth Amendment For A Future With Drones, Thomas Bryan

Catholic University Law Review

No abstract provided.


The Post-Tsa Airport: A Constitution Free Zone?, Daniel S. Harawa Jan 2014

The Post-Tsa Airport: A Constitution Free Zone?, Daniel S. Harawa

Pepperdine Law Review

No abstract provided.


The Purpose Of The Fourth Amendment And Crafting Rules To Implement That Purpose, Thomas K. Clancy Jan 2014

The Purpose Of The Fourth Amendment And Crafting Rules To Implement That Purpose, Thomas K. Clancy

University of Richmond Law Review

No abstract provided.


Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens Jul 2013

Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens

Seattle University Law Review

This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …


“The Lady Of The House” Vs. A Man With A Gun: Applying Kyllo To Gun-Scanning Technology, Sean K. Driscoll Jan 2013

“The Lady Of The House” Vs. A Man With A Gun: Applying Kyllo To Gun-Scanning Technology, Sean K. Driscoll

Catholic University Law Review

No abstract provided.


Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky Oct 2012

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.


Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan Jul 2012

Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan

Pepperdine Law Review

No abstract provided.


Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright Jul 2012

Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright

Pepperdine Law Review

No abstract provided.


Defining Instrumentalities Of Deadly Force, Tim Longo Oct 2011

Defining Instrumentalities Of Deadly Force, Tim Longo

Touro Law Review

No abstract provided.


The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins May 2010

The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins

University of Richmond Law Review

In this essay, I contend that when evaluating the constitutionality of enhanced surveillance devices, the existing test for assessing the occurrence of a Fourth Amendment search should be modified. Specifically, I suggest that intrusiveness should be unambiguously adopted by the Court as the benchmark for assessing and defining the existence of a search under the Fourth Amendment. Moreover, intrusiveness should be clearly defined to require an examination of two factors: the functionality of a challenged form of surveillance and the potential for disclosure created by the device.


Say Cheese! Examining The Constitutionality Of Photostops, Molly Bruder Aug 2008

Say Cheese! Examining The Constitutionality Of Photostops, Molly Bruder

American University Law Review

No abstract provided.


Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz Jan 2008

Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz

Touro Law Review

No abstract provided.


Payton, Practical Wisdom, And The Pragmatist Judge: Is Payton's Goal To Prevent Unreasonable Entries Or To Effectuate Home Arrests?, Christos Papapetrou Jan 2007

Payton, Practical Wisdom, And The Pragmatist Judge: Is Payton's Goal To Prevent Unreasonable Entries Or To Effectuate Home Arrests?, Christos Papapetrou

Fordham Urban Law Journal

This Comment analyzes the conflicting "objective" and "subjective" tests that courts use to determine if a law enforcement officer's entry into a suspect's home is valid following the Supreme Court's holding in Payton v. New York that an arrest warrant implicitly carries with it a right to enter a suspect's home when there is "reason to believe" it is the suspect's residence and that the suspect is inside. The Comment questions how courts should interpret the "reason to believe" standard and analyzes an approach put forth by Professor Matthew A. Edwards in his article, Posner's Pragmatism and Payton Home Arrests. …


Survey Of Washington Search And Seizure Law: 2005 Update, Justice Charles W. Johnson Jan 2005

Survey Of Washington Search And Seizure Law: 2005 Update, Justice Charles W. Johnson

Seattle University Law Review

This article serves as a source to which the Washington lawyer, judge, law enforcement officer, and others can turn to as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, revisions to the law and new cases interpreting the Washington Constitution and the United States Constitution require periodic updates to this Survey to reflect the current state of the law. Many of these cases involve the Washington Supreme Court's interpretation of the Washington Constitution. Also, as the United States Supreme Court has continued to examine Fourth Amendment search and …


The Fourth Amendment In The Hallway: Do Tenants Have A Constitutionally Protected Privacy Interest In The Locked Common Areas Of Their Apartment Buildings?, Sean M. Lewis Oct 2002

The Fourth Amendment In The Hallway: Do Tenants Have A Constitutionally Protected Privacy Interest In The Locked Common Areas Of Their Apartment Buildings?, Sean M. Lewis

Michigan Law Review

One afternoon, a police officer spots a man driving a Cadillac through a run·down neighborhood. His interest piqued, the officer decides to follow the vehicle. The Cadillac soon comes to rest in front of an apartment building, and the driver, Jimmy Barrios-Moriera, removes a shopping bag from the trunk and enters the building. The moment Barrios-Moriera disappears within the doorway, the officer sprints after him because he knows that the door to the apartment building will automatically lock when it closes. He manages to catch the door just in time and rushes in. Barrios-Moriera is already halfway up a flight …


Indianapolis V. Edmond: Roadblock To Fourth Amendment Erosion Of Individual Security, Samuel Bateman Sep 2002

Indianapolis V. Edmond: Roadblock To Fourth Amendment Erosion Of Individual Security, Samuel Bateman

Nevada Law Journal

No abstract provided.


Vehicle Searches – The Automobile Exception: The Constitutional Ride From Carroll V. United States To Wyoming V. Houghton, Martin L. O'Connor Jan 2000

Vehicle Searches – The Automobile Exception: The Constitutional Ride From Carroll V. United States To Wyoming V. Houghton, Martin L. O'Connor

Touro Law Review

No abstract provided.