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Articles 1 - 30 of 100
Full-Text Articles in Law
Arrests: Legal And Illegal, Daniel Yeager
Arrests: Legal And Illegal, Daniel Yeager
Georgia State University Law Review
The Fourth Amendment prohibits unreasonable searches and seizures. An arrest—manifesting a police intention to transport a suspect to the stationhouse for booking, fingerprinting, and photographing—is a mode of seizure. Because arrests are so intrusive, they require roughly a fifty percent chance that an arrestable offense has occurred. Because nonarrest seizures (aka Terry stops), though no “petty indignity,” are less intrusive than arrests, they require roughly just a twenty-five percent chance that crime is afoot.
Any arrest not supported by probable cause is illegal. It would therefore seem to follow that any arrest supported by probable cause is legal. But it …
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
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 …
Criminal Procedure—Technology In The Modern Era: The Implications Of Carpenter V. United States And The Limits Of The Third-Party Doctrine As To Cell Phone Data Gathered Through Real-Time Tracking, Stingrays, And Cell Tower Dumps, Deepali Lal
University of Arkansas at Little Rock Law Review
No abstract provided.
The Computer Got It Wrong: Facial Recognition Technology And Establishing Probable Cause To Arrest, T.J. Benedict
The Computer Got It Wrong: Facial Recognition Technology And Establishing Probable Cause To Arrest, T.J. Benedict
Washington and Lee Law Review
Facial recognition technology (FRT) is a popular tool among police, who use it to identify suspects using photographs or still-images from videos. The technology is far from perfect. Recent studies highlight that many FRT systems are less effective at identifying people of color, women, older people, and children. These race, gender, and age biases arise because FRT is often “trained” using non-diverse faces. As a result, police have wrongfully arrested Black men based on mistaken FRT identifications. This Note explores the intersection of facial recognition technology and probable cause to arrest.
Courts rarely, if ever, examine FRT’s role in establishing …
Antiracism In Action, Daniel Harawa, Brandon Hasbrouck
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 …
Jurisdictions Of Judicial Seizure Officers At The Various Stages Of Evidences Within The Federal Penal Procedures Law No.35 Of The Year 1992
UAEU Law Journal
The writer discussed in Chapter I the definition of evidences explaining their meaning, types, importance and restrictions on searching for them.
In chapter II he wrote about the stages of evidence collection and procedures to be followed via Judicial Seizure Officers, stating that the proofing power of an evidence goes into three stages, i.e. suspicion, availability of sufficient evidences and physical involvement. Each stage has its own procedures to which the writer assigned a separate research.
The most important conclusion reached by this research is a recommendation to amend para (2) of Article 33 of the Federal Penal Procedures Law …
Cloudy With A Chance Of Government Intrusion: The Third-Party Doctrine In The 21st Century, Steven Arango
Cloudy With A Chance Of Government Intrusion: The Third-Party Doctrine In The 21st Century, Steven Arango
Catholic University Law Review
Technology may be created by humans, but we are dependent on it. Look around you: what technology is near you as you read this abstract? An iPhone? A laptop? Perhaps even an Amazon Echo. What do all these devices have in common? They store data in the cloud. And this data can contain some of our most sensitive information, such as business records or medical documents.
Even if you manage this cloud storage account, the government may be able to search your data without a warrant. Federal law provides little protection for cloud stored data. And the Fourth Amendment may …
Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, Jo J. Phippin
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 …
Why Get A Warrant When You Can Fly Over The Wall? The Constitutionality Of Aerial Surveillance Without A Warrant, Royce A. Deller
Why Get A Warrant When You Can Fly Over The Wall? The Constitutionality Of Aerial Surveillance Without A Warrant, Royce A. Deller
New Mexico Law Review
Individuals in and around their home have a reasonable expectation of privacy from warrantless, ground-level surveillance because the curtilage of the home, like the home itself, is protected from searches and seizures. This is settled Fourth Amendment law. The curtilage of a home is “the area to which extends the intimate activity associated with the ‘sanctity of a man’s home and the privacies of life.’” Less clear, however, is whether there is a reasonable expectation of privacy from aerial surveillance. One would be forgiven for assuming one enjoys an expectation of privacy from surveillance in the curtilage of one’s own …
Peffer V. Stephens: Probable Cause, Searches And Seizures Within The Home, And Why Using Technology Should Not Open Your Front Door, Shane Landers
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.
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. …
Saving America’S Privacy Rights: Why Carpenter V. United States Was Wrongly Decided And Why Courts Should Be Promoting Legislative Reform Rather Than Extending Existing Privacy Jurisprudence, David Stone
St. Mary's Law Journal
Privacy rights are under assault, but the Supreme Court’s judicial intervention into the issue, starting with Katz v. United States and leading to the Carpenter v. United States decision has created an inconsistent, piecemeal common law of privacy that forestalls a systematic public policy resolution by Congress and the states. In order to reach a satisfactory and longlasting resolution of the problem consistent with separation of powers principles, the states should consider a constitutional amendment that reduces the danger of pervasive technologyaided surveillance and monitoring, together with a series of statutes addressing each new issue posed by technological change as …
Survey Of Washington Search And Seizure Law: 2019 Update, Justice Charles W. Johnson, Justice Debra L. Stephens
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
The Constitutional Risks Of Ridesharing: Fourth Amendment Protections Of Passengers In Uber And Lyft, Genesis Martinez
FIU Law Review
No abstract provided.
The Procedure For Using The Results Of Operational Investigative Activities As Evidence, B Pulatov
The Procedure For Using The Results Of Operational Investigative Activities As Evidence, B Pulatov
ProAcademy
The a rticle is d e v o te d to the p roce d u res e stablished b y la w fo r using the results o f o p e ra tio n a l search activities as evidence
The Federal Criminal Forfeiture Statute: Reining In The Government’S Previously Unbridled Ability To Seize Pretrial Assets, Kristyn Fleming Francese
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
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 …
Ex Parte Seizures Under The Dtsa And The Shift Of Ip Rights Enforcement, Yvette Joy Liebesman
Ex Parte Seizures Under The Dtsa And The Shift Of Ip Rights Enforcement, Yvette Joy Liebesman
The Business, Entrepreneurship & Tax Law Review
The ex parte seizure provision of the Defend Trade Secrets Act is another step in a long line of legislation that shifts the costs of private enforcement to the public, which already has a toehold in copyright and trademark law. The ex parte provision—which is not incorporated into any state trade secret law—relieves rights owners of two “burdens.” First, it relieves the trade secret owner of the burden of actually having to compete in the marketplace. Second, it relieves the trade secret owner of the burden of the costs associated with the discovery process of a lawsuit. The effect of …
The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail
Pepperdine Law Review
For many years, DNA databases have helped solve countless serious, violent crimes by connecting low-level offenders to unsolved crimes. Because the passage of Proposition 47 reduced several low-level crimes to misdemeanors, which do not qualify for DNA sample collection, Proposition 47 has severely limited law enforcement’s ability to solve serious, violent crimes through California’s DNA database and reliable DNA evidence. This powerful law enforcement tool must be preserved to prevent additional crimes from being committed, to exonerate the innocent, and to provide victims with closure through conviction of their assailants or offenders. Proposition 47’s unintended consequences have led to devastating …
The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman
The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman
Pepperdine Law Review
Recent advances in technology are posing new challenges for a legal system based on decades-old precedent. Nowhere is this more apparent than in law enforcement’s warrantless use of IMSI Catchers. These devices mimic a cell phone tower, and when the device is activated, cell phones will naturally connect to them. Law enforcement officers can use those intercepted cell phone signals to track a suspect’s movements in real time with startling accuracy. Scholarly commentary on these devices has largely concluded that their use requires a warrant. This Comment engages in a close examination of Fourth Amendment precedent and argues that, as …
Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants, Christopher Joseph
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
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 …
Reform Virginia's Civil Asset Forfeiture Laws To Remove The Profit Incentive And Curtail The Abuse Of Power, Rob Poggenklass
Reform Virginia's Civil Asset Forfeiture Laws To Remove The Profit Incentive And Curtail The Abuse Of Power, Rob Poggenklass
University of Richmond Law Review
Part I of this article will review the historical roots of civil asset
forfeiture law. Part II will provide a more modern history of these
laws and an overview of Virginia's current asset forfeiture
scheme. Part III will examine the criticism of Virginia's drugrelated
civil asset forfeiture laws and highlight due process concerns,
risk of abuse of power, and misallocation of priorities due
to the structure of these laws in Virginia. Finally, Part IV will
provide recommendations to reform Virginia's civil asset forfeiture
laws.
When The Police Get The Law Wrong: How Heien V. North Carolina Further Erodes The Fourth Amendment, Vivan M. Rivera
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.
Freedom Of Transit And The Right Of Access For Land-Locked States: The Evolution Of Principle And Law, A. Mpazi Sinjela
Freedom Of Transit And The Right Of Access For Land-Locked States: The Evolution Of Principle And Law, A. Mpazi Sinjela
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Debt - Act Of State Doctrine - Unilateral Deferral Of Obligations By Debtor Nations Is Inconsistent With United States Law And Policy: Allied Bank International V. Banco Credito Agricola De Cartago, Marc J. Lewyn
Georgia Journal of International & Comparative Law
No abstract provided.
Reviving The Privacy Protection Act Of 1980, Elizabeth B. Uzelac
Reviving The Privacy Protection Act Of 1980, Elizabeth B. Uzelac
Northwestern University Law Review
The federal privacy legislative scheme is composed of a fragmented patchwork of aging sector-specific statutes—many enacted prior to the advent of the home computer—that supplement the Fourth Amendment to regulate government access to information. The Privacy Protection Act of 1980 is one such statute, though few understand or utilize its protections. The Act prohibits law enforcement officials from searching for or seizing information from people who disseminate information to the public, such as reporters. Where it applies, the Act requires law enforcement officials to instead rely on compliance with a subpoena or the target’s voluntary cooperation to gain access to …
County Court, Westchester County, People V. Gant, Albert V. Messina Jr.
County Court, Westchester County, People V. Gant, Albert V. Messina Jr.
Touro 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
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
State V. Brossart: Adapting The Fourth Amendment For A Future With Drones, Thomas Bryan
Catholic University Law Review
No abstract provided.