Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Fourth Amendment (4)
- Search and seizure (4)
- Searches and Seizures (3)
- Arrest (2)
- Privacy (2)
-
- Abandoned DNA (1)
- Consent (1)
- Corporal Punishment (1)
- Criminal justice (1)
- Criminal justice system (1)
- Cross-Gender Search (1)
- Cross-Sex Search (1)
- DNA databases (1)
- DNA evidence (1)
- Databanks (1)
- Dragnet searches (1)
- Due process (1)
- Equal protection doctrine (1)
- Exclusionary rule (1)
- Feminist Legal Theory (1)
- Fifth Amendment (1)
- Gender (1)
- Incarceration (1)
- Medical records (1)
- Police Officers (1)
- Police conduct (1)
- Pretextual traffic stops (1)
- Prisoner (1)
- Privacy protection (1)
- Privacy rights (1)
Articles 1 - 12 of 12
Full-Text Articles in Law
The Fourth Frontier: With No Clear Path Prepared, Court Takes On Two More Police Powers Cases, Kathryn R. Urbonya
The Fourth Frontier: With No Clear Path Prepared, Court Takes On Two More Police Powers Cases, Kathryn R. Urbonya
Popular Media
No abstract provided.
Curbside Justice: Court Gives Police The Green Light To Arrest For Minor Infractions, Kathryn R. Urbonya
Curbside Justice: Court Gives Police The Green Light To Arrest For Minor Infractions, Kathryn R. Urbonya
Popular Media
No abstract provided.
Determining Reasonableness Under The Fourth Amendment: Physical Force To Control And Punish Students, Kathryn R. Urbonya
Determining Reasonableness Under The Fourth Amendment: Physical Force To Control And Punish Students, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Accountability Solutions In The Consent Search And Seizure Wasteland, José F. Anderson
Accountability Solutions In The Consent Search And Seizure Wasteland, José F. Anderson
All Faculty Scholarship
The legal and social issues that have emerged out of the doctrine that people in America have a right against unreasonable government instituted searches and seizures have dominated the dialogue and controversy in the American criminal justice system over the last three decades. A large portion of the debate has centered around the controversial exclusionary rule, which frees the sometimes unmistakably guilty because of irregularities in police procedure.
The notion that society suffers when criminals go free because of the constable's blunder has struck a decidedly political note in the discussion over criminal justice reform. Many observers are quick to …
Stopping A Moving Target, Sherry F. Colb
Stopping A Moving Target, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
The Constitutionality Of Dna Sampling On Arrest, David H. Kaye
The Constitutionality Of Dna Sampling On Arrest, David H. Kaye
Journal Articles
Every state now collects DNA from people convicted of certain offenses. Law enforcement authorities promote offender DNA databanking on the theory that it will identify offenders who commit additional crimes while or probation or parole, or after they have finished serving their sentences. Even relatively small databases have yielded such dividends. As these database searches uncover the perpetrators of rapes, murders, and other offenses, the pressure builds to expand the coverage of the databases.
Recent proposals call for extending not merely the scope of crimes for which DNA databanking would be used, but also the point at which the samples …
Dna Typing: Emerging Or Neglected Issues, David H. Kaye, Edward J. Imwinkelried
Dna Typing: Emerging Or Neglected Issues, David H. Kaye, Edward J. Imwinkelried
Journal Articles
DNA typing has had a major impact on the criminal justice system. There are hundreds of opinions and thousands of cases dealing with DNA evidence. Yet, at virtually every stage of the process, there are important issues that are just emerging or that have been neglected.
At the investigative stage, courts have barely begun to focus on the legal limitations on the power of the police to obtain samples directly from suspects and to use the data from DNA samples in various ways. Issues such as the propriety of "DNA dragnets" (in which large numbers of individuals in a geographic …
An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan
An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan
Scholarly Publications
Compared to Fourth Amendment jurisprudence more generally, with its well-earned reputation for complexity and variability, the search incident to arrest exception to the Amendment's warrant requirement would appear an oasis of consistency. The exception affords police an unqualified right to search anyone they arrest, without first obtaining a search warrant from a neutral judicial official. This right extends to the bodies of all arrestees, their area of "immediate control," and, if driving a car, the interior of the car and any containers located therein
Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller
Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller
Journal Articles
The power of privacy is diminishing in the prison setting, and yet privacy is the legal theory prisoners rely upon most to resist searches by correctional officers. Incarcerated women in particular rely upon privacy to shield them from the kind of physical contact that male guards have been known to abuse. The kind of privacy that protects prisoners from searches by guards of the opposite sex derives from several sources, depending on the factual circumstances. Although some form of bodily privacy is embodied in the First, Fourth, Eighth, and Fourteenth Amendments, prisoners challenging the constitutionality of cross-gender searches most commonly …
An Empirically Based Comparison Of American And European Regulatory Approaches To Police Investigation, Christopher Slobogin
An Empirically Based Comparison Of American And European Regulatory Approaches To Police Investigation, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article takes a comparative and empirical look at two of the most significant methods of police investigation: searches for and seizures of tangible evidence and interrogation of suspects. It first compares American doctrine regulating these investigative tools with the analogous rules predominant in Europe (specifically, England, France and Germany). It then discusses research on the American system that sheds light on the relative advantages and disadvantages of the two regulatory systems. More often than not, the existing data call into question preconceived notions of what "works." In particular, American reverence for search warrants, the exclusionary rule, and "Miranda" warnings …
What Can Fourth Amendment Doctrine Learn From Vagueness Doctrine, Tracey Maclin
What Can Fourth Amendment Doctrine Learn From Vagueness Doctrine, Tracey Maclin
UF Law Faculty Publications
No abstract provided.
Kyllo V. United States And The Partial Ascendance Of Justice Scalia's Fourth Amendment, Richard Henry Seamon
Kyllo V. United States And The Partial Ascendance Of Justice Scalia's Fourth Amendment, Richard Henry Seamon
Articles
No abstract provided.