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Full-Text Articles in Law
Community Caretaking Exception Saves Lives . . . The Supreme Court Disagrees, Gabriella Lorenzo
Community Caretaking Exception Saves Lives . . . The Supreme Court Disagrees, Gabriella Lorenzo
Touro Law Review
As many are aware, the Fourth Amendment protects the people against unreasonable searches and seizures. A warrant is necessary for said activities. While there are a few exceptions to the warrant requirement, the Supreme Court recently held that the community caretaking exception does not extend to the home. Extending this exception to the home would allow police officers to enter and engage in functions that are unrelated to the investigation of a crime. Essentially, this exception would allow police to aid individuals and prevent serious, dangerous situations to protect the community. This Note discusses why the Supreme Court erred in …
Requiring What’S Not Required: Circuit Courts Are Disregarding Supreme Court Precedent And Revisiting Officer Inadvertence In Cyberlaw Cases, Michelle Zakarin
Requiring What’S Not Required: Circuit Courts Are Disregarding Supreme Court Precedent And Revisiting Officer Inadvertence In Cyberlaw Cases, Michelle Zakarin
Scholarly Works
As the age of technology has taken this country by surprise and left us with an inability to formally prepare our legal system to incorporate these advances, many courts are forced to adapt by applying pre-technology rules to new technological scenarios. One illustration is the plain view exception to the Fourth Amendment. Recently, the issue of officer inadvertence at the time of the search, a rule that the United States Supreme Court has specifically stated is not required in plain view inquiries, has been revisited in cyber law cases. It could be said that the courts interested in the existence …
Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine
Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine
Scholarly Works
Rabbi Norman Lamm’s 1956 article, “The Fifth Amendment and Its Equivalent in the Halakha,” provides important lessons for scholarship in both Jewish and American law. Sixty-five years after it was published, the article remains, in many ways, a model for interdisciplinary and comparative study of Jewish law, drawing upon sources in the Jewish legal tradition, American legal history, and modern psychology. In so doing, the article proves faithful to each discipline on its own terms, producing insights that illuminate all three disciplines while respecting the internal logic within each one. In addition to many other distinctions, since its initial publication, …
Stingrays, Triggerfish, And Hailstroms, Oh My: The Fourth Amendment Implications Of The Increasing Government Use Of Cell-Site Simulators, Jenna Jonassen
Stingrays, Triggerfish, And Hailstroms, Oh My: The Fourth Amendment Implications Of The Increasing Government Use Of Cell-Site Simulators, Jenna Jonassen
Touro Law Review
No abstract provided.
The Big Picture View Of Anonymous Tips From Ordinary People, Amanda M. Dadiego
The Big Picture View Of Anonymous Tips From Ordinary People, Amanda M. Dadiego
Touro Law Review
No abstract provided.
The Line Holds, But Death May Matter: The Supreme Court's Criminal Procedure Decisions Of The 2001 Term, William Hellerstein
The Line Holds, But Death May Matter: The Supreme Court's Criminal Procedure Decisions Of The 2001 Term, William Hellerstein
Touro Law Review
No abstract provided.
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Touro Law Review
No abstract provided.
Supreme Court, Bronx County, People V. Barnville, David Schoenhaar
Supreme Court, Bronx County, People V. Barnville, David Schoenhaar
Touro Law Review
No abstract provided.
Justification For Police Intrusions, Corey Rashkover
Justification For Police Intrusions, Corey Rashkover
Touro Law Review
No abstract provided.
Interpreting Search Incident To Arrest In New York: Past, Present, And Future, Jacqueline Iaquinta
Interpreting Search Incident To Arrest In New York: Past, Present, And Future, Jacqueline Iaquinta
Touro Law Review
No abstract provided.
Search And Seizures: Constitutionally Protected Or Discretionary Police Work?, Jaren Fernan
Search And Seizures: Constitutionally Protected Or Discretionary Police Work?, Jaren Fernan
Touro Law Review
No abstract provided.
Seize First, Search Later: The Hunt For Digital Evidence, Paige Bartholomew
Seize First, Search Later: The Hunt For Digital Evidence, Paige Bartholomew
Touro Law Review
No abstract provided.
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah
Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah
Touro Law Review
No abstract provided.
Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman
Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman
Touro Law Review
No abstract provided.
Nuance, Technology, And The Fourth Amendment: A Response To Predictive Policing And Reasonable Suspicion, Fabio Arcila Jr.
Nuance, Technology, And The Fourth Amendment: A Response To Predictive Policing And Reasonable Suspicion, Fabio Arcila Jr.
Scholarly Works
In an engaging critique, Professor Arcila finds that Professor Ferguson is correct in that predictive policing will likely be incorporated into Fourth Amendment law and that it will alter reasonable suspicion determinations. But Professor Arcila also argues that the potential incorporation of predictive policing reflects a larger deficiency in our Fourth Amendment jurisprudence and that it should not be adopted because it fails to adequately consider and respect a broader range of protected interests.
Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman
Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince
Touro Law Review
No abstract provided.
Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas
Touro Law Review
No abstract provided.
Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell
Touro Law Review
No abstract provided.
Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose
Touro Law Review
No abstract provided.
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Touro Law Review
No abstract provided.
The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen
The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen
Touro Law Review
No abstract provided.
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
Touro Law Review
No abstract provided.
The Death Of Suspicion, Fabio Arcila Jr.
The Death Of Suspicion, Fabio Arcila Jr.
Scholarly Works
This article argues that neither the presumptive warrant requirement nor the presumptive suspicion requirement are correct. Though representative of the common law, they do not reflect the totality of our historic experience, which includes civil search practices. More importantly, modern developments - such as urban life and technological advancements, the rise of the regulatory state, and security concerns post-9/11 - have sufficiently changed circumstances so that these rules are not just unworkable now, they are demonstrably wrong. Worst of all, adhering to them has prevented us from formulating a more coherent Fourth Amendment jurisprudence. A new paradigm confronts us, in …
A Response To Professor Steinberg’S Fourth Amendment Chutzpah, Fabio Arcila
A Response To Professor Steinberg’S Fourth Amendment Chutzpah, Fabio Arcila
Scholarly Works
Professor David Steinberg believes that the Fourth Amendment was intended only to provide some protection against physical searches of homes through imposition of a specific warrant requirement because the Framers' only object in promulgating the Fourth Amendment was to ban physical searches of homes under general warrants or no warrants at all. This response essay takes issue with his thesis by (1) discussing its implications, (2) reviewing some concerns with his methodology in reviewing the historical record, and (3) examining the theoretical implication underlying his thesis that, except as to homes, we have a majoritarian Fourth Amendment, and questioning whether …
Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz
Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz
Touro Law Review
No abstract provided.
What's In A Word? A Comparative Analysis Of Article I, § 12 Of The New York State Constitution And The Fourth Amendment To The United States Constitution As Interpreted By The New York Court Of Appeals And The United States Supreme Court, Douglas Holden Wigdor
Touro Law Review
No abstract provided.