Law Commons^™

United States V. Markham: The Attack On The Drug War Becomes An Attack On The Fourth Amendment, Lee A. Schaffer

Akron Law Review

In United States v. Markham, the United States Court of Appeals for the Sixth Circuit expanded the exception even further when it upheld the validity of a warrantless search of a mobile home parked in a private residential driveway.

This casenote will review the history behind the fourth amendment's warrant requirement and the development of the automobile exception. Next, it will examine the Supreme Court's decision in Carney to evaluate the sixth circuit's application of the automobile exception in Markham, and the court's ruling that a warrantless search and seizure of a motor home parked in the driveway …

The Search For The Fourth Amendment Seizure: It Won't Be Found On A Bus - Florida V. Bostick, James Spallino Jr.

Akron Law Review

The Florida v. Bostick decision raises important Fourth Amendment questions regarding police encounters with citizens.

Part I of this Note discusses the development of the legal standard used for determining when a consensual encounter results in an impermissible seizure. Part II reviews the Bostick decision. Part III analyzes the impact of the Bostick decision. This section argues that: (1) the status of the legal standard to be used in consensual encounter cases is now uncertain as a result of the Court's holding; (2) the Court sent a strong message to individuals and the law enforcement community by refusing to decide …

Scott V. Harris And The Future Of Summary Judgment, Tobias Barrington Wolff

All Faculty Scholarship

The Supreme Court’s decision in Scott v. Harris has quickly become a staple in many Civil Procedure courses, and small wonder. The cinematic high-speed car chase complete with dash-cam video and the Court’s controversial treatment of that video evidence seem tailor-made for classroom discussion. As is often true with instant classics, however, splashy first impressions can mask a more complex state of affairs. At the heart of Scott v. Harris lies the potential for a radical doctrinal reformation: a shift in the core summary judgment standard undertaken to justify a massive expansion of interlocutory appellate jurisdiction in qualified immunity cases. …