Law Commons^™

Anticipatory Search Warrants: The Supreme Court's Opportunity To Reexamine The Framework Of The Fourth Amendment, David P. Mitchell

Vanderbilt Law Review

The Fourth Amendment to the United States Constitution prohibits "unreasonable searches and seizures," and provides that "no War-rants shall issue, but upon probable cause."' Although its language is relatively clear, the application of the Fourth Amendment has created more controversy than the application of perhaps any other constitutional amendment.' Given the questions raised by a police-endorsed practice of anticipatory search warrants,' the search and seizure debate is far from over.

An anticipatory search warrant is a warrant based on a showing of probable cause that particular evidence of a crime will exist at a specific location in the future. Challenges …

Tapping The State Court Resource, Ann Althouse

Vanderbilt Law Review

Supreme Court opinions about federal jurisdiction usually feature painstaking analysis of the text of statutes and constitutional clauses and the intentions of those who authored them, or they are based on long-standing traditions of equity jurisprudence. But, as the Court's many divided decisions attest, these materials are scarcely clear enough to determine all outcomes. Thus, the Justices often seem to weigh various interests when they draw the lines around federal jurisdiction. The Court sometimes openly acknowledges this interest weighing, referring to "state interests" and "federal interests."

Justice Stevens has taken exception to this process. He has ob- served that much …

Michigan Department Of State Police V. Sitz: Suspicionless Seizures And The Fourth Amendment, Jill W. Broderick

Northern Illinois University Law Review

This note examines the United States Supreme Court decision upholding the constitutionality of sobriety roadblocks. The issue facing the Court was whether the initial stop of motorists passing through a sobriety roadblock and the associated preliminary questioning and observation by police officers violated the fourth amendment prohibition against unreasonable searches and seizures. The Court held that the initial stop and questioning at sobriety roadblocks did not violate the fourth amendment. This note analyzes the evolution of suspicionless seizures and concludes that because roadblocks subject drivers to seizure without probable cause or reasonable suspicion, their constitutionality under the fourth amendment is …

Testing The Hand That Bites You: Johnetta J. V. The Municipal Court: Mandatory Aids Testing, And The Fourth Amendment, Paul T. Whitcombe

Northern Illinois University Law Review

One type of response to the current AIDS crises has been to authorize mandatory testing of private individuals for HIV in certain circumstances that give rise to fear of transmission, such as a biting or spitting incident, even without reason to believe the attacker may be an AIDS carrier.

"Black And Blue Encounters" Some Preliminary Thoughts About Fourth Amendment Seizures: Should Race Matter?, Tracey Maclin

Valparaiso University Law Review

No abstract provided.

Power Not Reason: Justice Marshall's Valedictory And The Fourth Amendment In The Supreme Court's 1990 Term , Bruce A. Green

Faculty Scholarship

In its 1990 Term, the United States Supreme Court heard five cases involving the Fourth Amendment. In this article, Professor Bruce Green analyzes these five search-and-seizure decisions in light of Justice Marshall's criticism that '[Plower, not reason, is the new currency of this Court's decision-making." He examines the various considerations the Court advances in its Fourth Amendment analysis-interpretive principle, policy, and precedent--and discovers inconsistencies in the importance assigned to each of these considerations in a series of cases decided very close together by virtually the same Justices. Each approach controlled, Professor Green argues, only when it could be said to …

The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman

Publications

No abstract provided.