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Articles 1 - 13 of 13

Full-Text Articles in Law

Exploring The Use Of The Word "Citizen" In Writings On The Fourth Amendment, M. Isabel Medina Oct 2008

Exploring The Use Of The Word "Citizen" In Writings On The Fourth Amendment, M. Isabel Medina

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


The Continuing Evolution Of Consent And Authority In Digital Search And Seizure, Aaron Stanley Oct 2008

The Continuing Evolution Of Consent And Authority In Digital Search And Seizure, Aaron Stanley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


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.


Reforming Fourth Amendment Privacy Doctrine, Jim Harper Jun 2008

Reforming Fourth Amendment Privacy Doctrine, Jim Harper

American University Law Review

No abstract provided.


Double Helix, Double Standards: Private Matters And Public People, Teneille R. Brown Jan 2008

Double Helix, Double Standards: Private Matters And Public People, Teneille R. Brown

Journal of Health Care Law and Policy

No abstract provided.


The "High-Crime Area" Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis [Pdf], Andrew Guthrie Ferguson, Damien Bernache Jan 2008

The "High-Crime Area" Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis [Pdf], Andrew Guthrie Ferguson, Damien Bernache

American University Law Review

This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges. Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether …


Great (And Reasonable) Expectations: Fourth Amendment Protection For Attorney-Client Communications, Teri J. Dobbins Jan 2008

Great (And Reasonable) Expectations: Fourth Amendment Protection For Attorney-Client Communications, Teri J. Dobbins

Seattle University Law Review

Most motor vehicle crashes are traceable to “some failure of judgment that fully reveals its dangers only when it is too late. That is precisely why they are accidents.” For example, speeding is one of the most prevalent factors contributing to vehicular crashes. Although especially deadly when combined with driver intoxication, speeding is a significant contributing factor in fatal crashes involving sober drivers. Part II of this Article briefly discusses the development of accident insurance. It examines courts' struggles in determining whether an insured's death was an accident for purposes of awarding accidental death benefits, and approaches to resolving this …


The Origin Of Article I, Section 7 Of The Washington State Constitution, Associate Chief Justice Charles W. Johnson, Scott P. Beetham Jan 2008

The Origin Of Article I, Section 7 Of The Washington State Constitution, Associate Chief Justice Charles W. Johnson, Scott P. Beetham

Seattle University Law Review

This Article will demonstrate that history does in fact provide guidance to the intention of the framers when they rejected the language of the Fourth Amendment and adopted the unique language of article I, section 7. Contrary to the Ringer court's assertion, federal and state case law, legal academic articles, and newspaper articles from the late nineteenth century and early twentieth century provide a wealth of information from which the rationale behind the framers' decision to choose the specific language in article I, section 7 can be hypothesized.


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.


The Demise Of Fourth Amendment Standing: From Standing Room To Center Orchestra, Nadia B. Soree Jan 2008

The Demise Of Fourth Amendment Standing: From Standing Room To Center Orchestra, Nadia B. Soree

Nevada Law Journal

No abstract provided.


An Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii Jan 2008

An Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii

Nevada Law Journal

No abstract provided.


Which Washington: Constitutions In Conflict?, Jonathan F. Duncan, Kristina V. Giddings Jan 2008

Which Washington: Constitutions In Conflict?, Jonathan F. Duncan, Kristina V. Giddings

Marquette Sports Law Review

No abstract provided.


Assessing Fourth Amendment Challenges To Dna Extraction Statutes After Samson V. California, Charles J. Nerko Jan 2008

Assessing Fourth Amendment Challenges To Dna Extraction Statutes After Samson V. California, Charles J. Nerko

Fordham Law Review

DNA plays an indespensable role in modern law enforcement, and courts uniformly find that DNA extraction statutes targeting criminals satisfy the Fourth Amendment. Courts differ on which Fourth Amendment test--totality of the circumstances or special needs--ought to be employed in this context. This Note concludes the courts should apply Samson v. California's less stringent totality of the circumstances test to analyze DNA extraction statutes in order to maintain the integrity of the special needs test.