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Articles 1 - 6 of 6

Full-Text Articles in Law

Crimes And Errors Impossible To Commit: Defining Away The Fourth Amendment - Wyoming V. Houghton, Rachel Gader-Shafran Jan 1999

Crimes And Errors Impossible To Commit: Defining Away The Fourth Amendment - Wyoming V. Houghton, Rachel Gader-Shafran

Cleveland State Law Review

This Note contends that the Court's decision to adopt the Houghton approach to the automobile warrant exception is problematic for three reasons. First, the Court has erroneously interpreted the historical evidence behind the creation of the Fourth Amendment. Second, the Court, by chipping away at stare decisis, is disrupting the foundations of American jurisprudence and the development of the law. Third, by creating a new lexicon, changing the meanings of the words, the Court is trying to define away the protections afforded by the Fourth Amendment. This Note will briefly summarize the facts of Houghton and review the historical purpose …


Critical Race Theory-The Last Voyage, Dan Subotnik Jan 1999

Critical Race Theory-The Last Voyage, Dan Subotnik

Touro Law Review

No abstract provided.


Ethics, Law Enforcement, And Fair Dealing: A Prosecutor's Duty To Disclose Nonevidentiary Information, David Aaron Jan 1999

Ethics, Law Enforcement, And Fair Dealing: A Prosecutor's Duty To Disclose Nonevidentiary Information, David Aaron

Fordham Law Review

No abstract provided.


Litigating Section 1983 Fourth Amendment Challenges To Arrests And Searches, John R. Williams Jan 1999

Litigating Section 1983 Fourth Amendment Challenges To Arrests And Searches, John R. Williams

Touro Law Review

No abstract provided.


Fourth Amendment Issues In Section 1983 Litigation, Kathryn R. Urbonya Jan 1999

Fourth Amendment Issues In Section 1983 Litigation, Kathryn R. Urbonya

Touro Law Review

No abstract provided.


Expanding New York's Dna Database: The Future Of Law Enforcement, Robert W. Schumacher Ii Jan 1999

Expanding New York's Dna Database: The Future Of Law Enforcement, Robert W. Schumacher Ii

Fordham Urban Law Journal

This Article discusses a proposal by New York City Police Commissioner Howard Safir to expand New York's DNA Database. The proposal would allow the police to obtain DNA from anyone arrested for a recordable offense. The Article describes how DNA is used by law enforcement from the molecular level to DNA databases. The Article then describes Safir's proposal, including the controversy surrounding Fourth Amendment privacy concerns and fears of potential misuse of the DNA information by law enforcement. Despite these concerns, in light of New York's recidivism rates, crime trends, administrative costs, and investigative efficiency, the Article argues that Safir's …