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Articles 1 - 6 of 6

Full-Text Articles in Law

Webster V. Doe, Lewis F. Powell, Jr. Oct 1987

Webster V. Doe, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Bodily Intrusion In Search Of Evidence: A Study In Fourth Amendment Decisionmaking, Michael G. Rogers Oct 1987

Bodily Intrusion In Search Of Evidence: A Study In Fourth Amendment Decisionmaking, Michael G. Rogers

Indiana Law Journal

No abstract provided.


State Adoption Of Federal Law: Exploring The Limits Of Florida's "Forced Linkage" Amendment, Christopher Slobogin Jan 1987

State Adoption Of Federal Law: Exploring The Limits Of Florida's "Forced Linkage" Amendment, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article examines the "forced linkage" between state and federal provisions that the 1983 amendment establishes in Florida. It concludes that forced linkage is ill-conceived, because it is inimical to state court independence. Accordingly, this article argues, the 1983 amendment to article I, section 12 of the Florida Constitution should be repealed. If not repealed, it should be interpreted to permit Florida courts broad discretion in developing their own stance on search and seizure law. So construed, the amendment would only require Florida courts to abide by those United States Supreme Court opinions that provide (1) an authoritative holding that …


Constitutional Concerns In Drug Testing, Gordon J. Beggs Jan 1987

Constitutional Concerns In Drug Testing, Gordon J. Beggs

Journal of Law and Health

*this is not an article, rather a summary of recent case law and authority"


"Wrong But Reasonable": The Fourth Amendment Particularity Requirement After United States V. Leon, Martha Applebaum Jan 1987

"Wrong But Reasonable": The Fourth Amendment Particularity Requirement After United States V. Leon, Martha Applebaum

Fordham Urban Law Journal

This Note analyzes the application of the good-faith exception to search warrant particularity violations under the Fourth Amendment. The question compelled by United States v. Leon and Massachusetts v. Sheppard is when, if ever, a particularity-defective warrant will sustain an officer's "reasonable reliance.'' The Note briefly discusses how "particularity" traditionally has been assessed under the fourth amendment. The author examines the Supreme Court's holding in Massachusetts v. Sheppard, and contrasts several circuit court cases that have applied Sheppard's "objectively reasonable" standard of good faith to warrants involving particularity defects. Finally, the Note concludes that the approach taken by the Second …


Constitutional Law: Dow Chemical Co. V. United States: Aerial Searches, Business Premises, And The Fourth Amendment, Wade R. Wright Jan 1987

Constitutional Law: Dow Chemical Co. V. United States: Aerial Searches, Business Premises, And The Fourth Amendment, Wade R. Wright

Oklahoma Law Review

No abstract provided.