Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication
- Publication Type
Articles 1 - 18 of 18
Full-Text Articles in Law
Are Third Parties Creating A Loophole For Police Investigations?, Alexandria N. Short
Are Third Parties Creating A Loophole For Police Investigations?, Alexandria N. Short
Northern Illinois Law Review Supplement
This article discusses the current case law and statutory law related to the privacy of information collected by third parties. At times, we see the private sector and law enforcement working together to solve crimes. However, that may not always be a good thing. This article offers a solution to these problems of uncertainty by suggesting a uniform code to regulate the private sector, or, in the alternative, a change to the Fourth Amendment that encompasses a more modern interpretation of the information that law enforcement should have access to.
Terry V. Ohio At 50: What It Created, What It Has Meant, Is It Under Attack And Is The Court Opening The Door To Police Misconduct?, Jeffrey D. Swartz
Terry V. Ohio At 50: What It Created, What It Has Meant, Is It Under Attack And Is The Court Opening The Door To Police Misconduct?, Jeffrey D. Swartz
Northern Illinois University Law Review
Fifty years ago, the United States Supreme Court issued their opinion in Terry v. Ohio. The underpinnings of this decision became the bedrock of Fourth Amendment jurisprudence. This article re-examines that decision, and its effect on the development of Fourth Amendment jurisprudence. What is the lasting effect, if any, of Utah v. Strieff and Heien v. North Carolina on Terry? Ultimately, this article is designed to bring the issues forward, and challenge the reader to examine what appears to be innocuous cases, the subtle attack on Terry's objective standards and the individual protections the case created, and whether, after fifty …
Supply The Hand That Feeds: Narcotic Detection Dogs And The Fourth Amendment, Megan Yentes
Supply The Hand That Feeds: Narcotic Detection Dogs And The Fourth Amendment, Megan Yentes
Northern Illinois University Law Review
Police canines are highly valued by law enforcement agencies as they are capable of detecting the faintest scent of contraband. The Supreme Court has established that a canine sniff is not a "search" within the meaning of the Fourth Amendment, and as long as a canine has been formally trained by any "bona fide" organization, their positive alert provides law enforcement officials with the requisite probable cause to institute warrantless and invasive searches of automobiles. The Supreme Court's flawed approach was best summed up by Justice Souter when he stated, "The infallible dog, however, is a creature of legal fiction." …
Vol. 4 No. 2, Spring 2013; The Error In Finding That Undocumented Persons Are Not “The People”: A Deeper Look At The Implications Of United States V. Portillo-Munoz, Dorota Gibala
Northern Illinois Law Review Supplement
In 2011, the Fifth Circuit held in United States v. Portillo-Munoz that undocumented persons are not entitled to the protections of the Second Amendment to the Constitution. Although part of the court’s reasoning was based on 18 U.S.C. § 922(g)(5), its decision also turned on the belief that the meaning of the phrase “the people” in the Second Amendment did not incorporate undocumented persons. This Note argues that Portillo-Munoz’s interpretation of “the people,” as implying that “the people” exclusively encompasses only citizens, is erroneous with how the phrase “the people” is similarly situated in the Fourth Amendment. As set out …
Pawing Their Way To The Supreme Court: The Evidence Required To Prove A Narcotic Detection Dog's Reliability, Monica Fazekas
Pawing Their Way To The Supreme Court: The Evidence Required To Prove A Narcotic Detection Dog's Reliability, Monica Fazekas
Northern Illinois University Law Review
Historically, courts have given great deference to the anatomical scent detectors from which the canine’s heightened sense of smell derives. In 2005, the Supreme Court supported this position and held that a drug detection dog’s sniff did not constitute a search under the Fourth Amendment. The Court partially based its reasoning on the classification of the dog sniff as sui generis. With this holding, courts began admitting evidence of a drug detection dog’s alert to narcotics to constitute the requisite probable cause for an officer’s search. Virtually every circuit allows a canine alert to establish such probable cause by presenting …
Watching The Watchmen: The People's Attempt To Hold On-Duty Law Enforcement Officers Accountable For Misconduct And The Illinois Law That Stands In Their Way, Robert J. Tomei Jr.
Watching The Watchmen: The People's Attempt To Hold On-Duty Law Enforcement Officers Accountable For Misconduct And The Illinois Law That Stands In Their Way, Robert J. Tomei Jr.
Northern Illinois University Law Review
In the days when police brutality and public official corruption pump through the veins of society as a fermenting virus, a critical analysis of a controversial law curtailing efforts to intensify public awareness of government official transgressions is undertaken. In the great State of Illinois, legislative amendments to the Illinois Eavesdropping Act have established a moratorium on the audio recording, without prior consent, of any judge, state's attorney or law enforcement officer while in the performance of his or her official duties, regardless of whether or not the public official(s) had any objective, justifiable or reasonable expectation of privacy when …
Vehicle Search Incident To A Lawful Arrest: The New Two-Part Rule From Arizona V. Gant Misses The Mark, Alexander J. Geocaris
Vehicle Search Incident To A Lawful Arrest: The New Two-Part Rule From Arizona V. Gant Misses The Mark, Alexander J. Geocaris
Northern Illinois University Law Review
This Note examines the recent Supreme Court decision of Arizona v. Gant and how it affects a vehicle search incident to a lawful arrest exception to the Fourth Amendment's warrant requirement. The rationales for a search incident to a lawful arrest were established by Chimel v. California to search the reachable area of an arrestee for an officer's safety and to prevent the destruction of evidence. In New York v. Belton, the Supreme Court established a bright-line rule that officers may search the passenger compartment of a vehicle as incident to a lawful arrest since the Court found that Chimel …
The Single-Purpose Container Exception: A Logical Extension Of The Plain View Doctrine Made Unworkable, Daniel Kegl
The Single-Purpose Container Exception: A Logical Extension Of The Plain View Doctrine Made Unworkable, Daniel Kegl
Northern Illinois University Law Review
This Comment examines the single-purpose container exception to the Fourth Amendment's warrant requirement. Since the exception was recognized in Arkansas v. Sanders and revisited in Robbins v. California, the federal circuits have not agreed as to what evidence courts can consider when deciding whether or not to apply the exception to a particular container. While some circuits allow specialized police knowledge and the circumstances surrounding the container's discovery to be considered, most disallow this evidence in making the same determination. As a result, the continued use of the single-purpose container exception results in an inconsistent application of the Fourth Amendment …
The Fourth Amendment And The New Face Of Terrorism: How September 11th Could Change The Way America Flies, Brett A. Skean
The Fourth Amendment And The New Face Of Terrorism: How September 11th Could Change The Way America Flies, Brett A. Skean
Northern Illinois University Law Review
This comment examines the possible repercussions of the September 11, 2001, attacks on airport security measures and how future judicial review might take into consideration the now compelling governmental interest in safe airways. The historical and modern exceptions to the Fourth Amendment's warrant requirement are examined with an analysis of the possible justifications and constitutionality of physical searches of potential airline travelers. In conclusion, the piece determines the obvious question of whether in today's terrorist climate, there is a reasonable expectation of privacy when a person enters an airport, and if not, whether there is any resulting Fourth Amendment protection.
Florida V. Bostick: Abandonment Of Reason In Fourth Amendment Reasonable Person Analysis, James F. Heuerman
Florida V. Bostick: Abandonment Of Reason In Fourth Amendment Reasonable Person Analysis, James F. Heuerman
Northern Illinois University Law Review
This note examines the United States Supreme Court's decision which addressed the constitutionality of "bus sweeps" -- random suspicionless police questioning of interstate bus travelers. The Court concluded that a reasonable bus passenger could feel free to disregard police questioning, and accordingly found that not all such encounters are entitled to Fourth Amendment scrutiny. The author explores the Court's decision and contends that only by severely underestimating the inherent coercion in such encounters was the Court able to avoid the intuitive conclusion that passengers are "seized" during such questioning.
California V. Hodari D.: The Demise Of The Reasonable Person Test In Fourth Amendment Analysis, Patrick T. Costello
California V. Hodari D.: The Demise Of The Reasonable Person Test In Fourth Amendment Analysis, Patrick T. Costello
Northern Illinois University Law Review
This note examines the United Supreme Court decision which reexamined the point at which a police-citizen encounter becomes a seizure under the Fourth Amendment. The Court concluded that a police-citizen encounter becomes a seizure only when the citizen yields to the show of police authority. The author contends that the Court's definition of a seizure alters, if not disposes of, the former definition, which defined seizure as the point at which a reasonable person, faced with a show of authority, no longer feels free to leave.
Michigan Department Of State Police V. Sitz: Suspicionless Seizures And The Fourth Amendment, Jill W. Broderick
Michigan Department Of State Police V. Sitz: Suspicionless Seizures And The Fourth Amendment, Jill W. Broderick
Northern Illinois University Law Review
This note examines the United States Supreme Court decision upholding the constitutionality of sobriety roadblocks. The issue facing the Court was whether the initial stop of motorists passing through a sobriety roadblock and the associated preliminary questioning and observation by police officers violated the fourth amendment prohibition against unreasonable searches and seizures. The Court held that the initial stop and questioning at sobriety roadblocks did not violate the fourth amendment. This note analyzes the evolution of suspicionless seizures and concludes that because roadblocks subject drivers to seizure without probable cause or reasonable suspicion, their constitutionality under the fourth amendment is …
Testing The Hand That Bites You: Johnetta J. V. The Municipal Court: Mandatory Aids Testing, And The Fourth Amendment, Paul T. Whitcombe
Testing The Hand That Bites You: Johnetta J. V. The Municipal Court: Mandatory Aids Testing, And The Fourth Amendment, Paul T. Whitcombe
Northern Illinois University Law Review
One type of response to the current AIDS crises has been to authorize mandatory testing of private individuals for HIV in certain circumstances that give rise to fear of transmission, such as a biting or spitting incident, even without reason to believe the attacker may be an AIDS carrier.
Legacy Of The Warren And Brandeis Article: The Emerging Unencumbered Constitutional Right To Informational Privacy, Richard C. Turkington
Legacy Of The Warren And Brandeis Article: The Emerging Unencumbered Constitutional Right To Informational Privacy, Richard C. Turkington
Northern Illinois University Law Review
The development of the right to privacy into a constitutional right independent of the fourth amendment is examined from its philosophical and jurisprudential bases. The article also explores the application of the constitutional right to dissemination by the government of intimate or personal information.
Supreme Court Extends The Automobile Exception: California V. Carney, G. Edward Murphy
Supreme Court Extends The Automobile Exception: California V. Carney, G. Edward Murphy
Northern Illinois University Law Review
A look at the extension of the "'automobile exception" to a motor home and a discussion of the implications of the Carney decision.
Hudson V. Palmer: Closing The "Iron Curtain" On Fourth Amendment Protection In Prison Cells, Phil Dabney
Hudson V. Palmer: Closing The "Iron Curtain" On Fourth Amendment Protection In Prison Cells, Phil Dabney
Northern Illinois University Law Review
A discussion of Hudson v. Palmer, examining the basis for the decision that the fourth amendment does not apply in a prison cell and that an unauthorized, intentional deprivation of property by a state official does not violate due process where adequate post-deprivation remedies exist.
United States V. Leon: Application Of Justice White's "Good-Faith" Exception To The Exclusionary Rule, Mary Allyson Misevich
United States V. Leon: Application Of Justice White's "Good-Faith" Exception To The Exclusionary Rule, Mary Allyson Misevich
Northern Illinois University Law Review
An examination of United States v. Leon, wherein the Supreme Court adopted a "good-faith" exception to the fourth amendment exclusionary rule.
Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler
Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler
Northern Illinois University Law Review
A preliminary examination of the extent to which the fourth amendment protects the privacy of interpersonal relationships and of information or property that one person has shared with another, focusing particularly on the need for subjecting the informant system to additional judicial control.