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Full-Text Articles in Law
On Warrants & Waiting: Electronic Warrants & The Fourth Amendment, Tracy Hresko Pearl
On Warrants & Waiting: Electronic Warrants & The Fourth Amendment, Tracy Hresko Pearl
Indiana Law Journal
Police use of electronic warrant (“e-warrant”) technology has increased significantly in recent years. E-warrant technology allows law enforcement to submit, and magistrate judges to review and approve, warrant applications on computers, smartphones, and tablets, often without any direct communication. Police officers report that they favor e-warrants over their traditional, paper counterparts because they save officers a significant amount of time in applying for warrants by eliminating the need to appear in-person before a magistrate. Legal scholars have almost uniformly praised e-warrant technology as well, arguing that use of these systems will increase the number of warrants issued throughout the United …
The Fourth Amendment At Home, Thomas P. Crocker
The Fourth Amendment At Home, Thomas P. Crocker
Indiana Law Journal
A refuge, a domain of personal privacy, and the seat of familial life, the home holds a special place in Fourth Amendment jurisprudence. Supreme Court opinions are replete with statements affirming the special status of the home. Fourth Amendment text places special emphasis on securing protections for the home in addition to persons, papers, and effects against unwarranted government intrusion. Beyond the Fourth Amendment, the home has a unique place within constitutional structure. The home receives privacy protections in addition to sheltering other constitutional values protected by the Due Process Clause and the First Amendment. For example, under the Due …
Implicit Racial Bias And Students' Fourth Amendment Rights, Jason P. Nance
Implicit Racial Bias And Students' Fourth Amendment Rights, Jason P. Nance
Indiana Law Journal
Tragic acts of school violence such as what occurred in Columbine, Newtown, and, more recently, in Parkland and Santa Fe, provoke intense feelings of anger, fear, sadness, and helplessness. Understandably, in response to these incidents (and for other reasons), many schools have intensified the manner in which they monitor and control students. Some schools rely on combinations of security measures such as metal detectors; surveillance cameras; drug-sniffing dogs; locked and monitored gates; random searches of students’ belongings, lockers, and persons; and law enforcement officers. Not only is there little empirical evidence that these measures actually make schools safer, but overreliance …
The Framers' Intent: John Adams, His Era, And The Fourth Amendment, Thomas K. Clancy
The Framers' Intent: John Adams, His Era, And The Fourth Amendment, Thomas K. Clancy
Indiana Law Journal
No abstract provided.
A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd
A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd
Indiana Law Journal
For much of our nation's history, the poor have faced pervasive discrimination in the exercise of fundamental rights. Nowhere has the impairment been more severe than in the area of privacy. This Article considers the enduring legacy of this tradition with respect to the Fourth Amendment right to domestic privacy. Far from a matter of receding historical interest, the diminution of the poor's right to privacy has accelerated in recent years and now represents a powerful theme within the jurisprudence of poverty. Triggering this development has been a series of challenges to aggressive administrative practices adopted by localities in the …
"Knock And Talk" And The Fourth Amendment, Craig M. Bradley
"Knock And Talk" And The Fourth Amendment, Craig M. Bradley
Indiana Law Journal
No abstract provided.
Exploring The Use Of The Word "Citizen" In Writings On The Fourth Amendment, M. Isabel Medina
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.
Constitutional Barriers To Smooth Sailing: 14 U.S.C. § 89(A) And The Fourth Amendment, Megan Jaye Kight
Constitutional Barriers To Smooth Sailing: 14 U.S.C. § 89(A) And The Fourth Amendment, Megan Jaye Kight
Indiana Law Journal
No abstract provided.
In Search Of A Fourth Amendment For The Twenty-First Century, Lewis R. Katz
In Search Of A Fourth Amendment For The Twenty-First Century, Lewis R. Katz
Indiana Law Journal
No abstract provided.
Murray V. United States: The Bell Tolls For The Search Warrant Requirement, Craig M. Bradley
Murray V. United States: The Bell Tolls For The Search Warrant Requirement, Craig M. Bradley
Indiana Law Journal
No abstract provided.
Bodily Intrusion In Search Of Evidence: A Study In Fourth Amendment Decisionmaking, Michael G. Rogers
Bodily Intrusion In Search Of Evidence: A Study In Fourth Amendment Decisionmaking, Michael G. Rogers
Indiana Law Journal
No abstract provided.
The Inventory Search And The Arrestee's Privacy Expectation, John M. Wray
The Inventory Search And The Arrestee's Privacy Expectation, John M. Wray
Indiana Law Journal
No abstract provided.
A Constitutional Analysis Of Indiana's "Fleeing A Police Officer" Statute, Jane Mallor
A Constitutional Analysis Of Indiana's "Fleeing A Police Officer" Statute, Jane Mallor
Indiana Law Journal
No abstract provided.
Section 1983 And The "Background" Of Tort Liability, Sheldon H. Nahmod
Section 1983 And The "Background" Of Tort Liability, Sheldon H. Nahmod
Indiana Law Journal
No abstract provided.
Fact Style Adjudication And The Fourth Amendment: The Limits Of Lawyering, Roger B. Dworkin
Fact Style Adjudication And The Fourth Amendment: The Limits Of Lawyering, Roger B. Dworkin
Indiana Law Journal
No abstract provided.
The Constitution And Privilege Holders: Conditioning The Issuance Of A Liquor License Upon Consent To A Warrantless Search, William W. Gooden
The Constitution And Privilege Holders: Conditioning The Issuance Of A Liquor License Upon Consent To A Warrantless Search, William W. Gooden
Indiana Law Journal
No abstract provided.
Chamber V. Maroney: New Dimensions In The Law Of Search And Seizure, Stephen H. Paul
Chamber V. Maroney: New Dimensions In The Law Of Search And Seizure, Stephen H. Paul
Indiana Law Journal
No abstract provided.