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Articles 1 - 13 of 13
Full-Text Articles in Law
Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard
Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard
University of Richmond Law Review
No abstract provided.
Press One For Warrant: Reinventing The Fourth Amendment's Search Warrant Requirement Through Electronic Procedures, Justin H. Smith
Press One For Warrant: Reinventing The Fourth Amendment's Search Warrant Requirement Through Electronic Procedures, Justin H. Smith
Vanderbilt Law Review
Numerous rulings by the Supreme Court have confirmed the long-held assertion that the Fourth Amendment's warrant requirement is a "centerpiece for the law of search and seizure, and that prescreening by neutral and detached magistrates is [at] the heart of citizens' protection against police overreaching." On September 21, 1994, however, these assertions proved inaccurate and painfully hollow for Betty Ingram, a fifty-three-year-old diabetic who awoke to the sound of armed police officers charging through her front door. The officers, who were searching for a suspect involved in a buy- and-bust operation, had neither obtained a search warrant nor knocked and …
America And The World: Human Rights At Home And Abroad., Joe W. (Chip) Pitts Iii
America And The World: Human Rights At Home And Abroad., Joe W. (Chip) Pitts Iii
The Scholar: St. Mary's Law Review on Race and Social Justice
Multiple provisions in the Bill of Rights appear gutted around the last year. While abroad, Mr. Pitts received an outside perspective on American news which provided him with a new outlook on current events. The United Nations Social Forum brought voices into the United Nations which are not typically heard, such as poor and vulnerable populations not represented elsewhere. Concurrently, the Johannesburg Summit addressed similar issues. However, as of late, the American government suppresses the voices of the American people. The Patriot Act includes provisions which deter dissent, freedom of speech, and assembly. This Act also purported to give the …
Street Legal: The Court Affords Police Constitutional Carte Blanche To Arrest, Wayne A. Logan
Street Legal: The Court Affords Police Constitutional Carte Blanche To Arrest, Wayne A. Logan
Scholarly Publications
This article discusses the Supreme Court's landmark 2001 decision Atwater v. City of Lago Vista, upholding the authority of police to execute warrantless arrests for menial offenses (there, failure to wear a seatbelt) so long as police have probable cause to support such arrests.
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.
United States V. Drayton: Supreme Court Upholds Standards For Police Conduct During Bus Searches, Andera K. Mitchell
United States V. Drayton: Supreme Court Upholds Standards For Police Conduct During Bus Searches, Andera K. Mitchell
American University Law Review
No abstract provided.
Discretionary Warrantless Searches And Seizures And The Fourth Amendment: A Need For Clearer Guidelines, Jennifer Ison Cooke
Discretionary Warrantless Searches And Seizures And The Fourth Amendment: A Need For Clearer Guidelines, Jennifer Ison Cooke
South Carolina Law Review
No abstract provided.
Stories Of Fourth Amendment Disrespect: From Elian To The Internment, Andrew E. Taslitz
Stories Of Fourth Amendment Disrespect: From Elian To The Internment, Andrew E. Taslitz
Fordham Law Review
No abstract provided.
What Were They Thinking? Fourth Amendment Unreasonableness In Atwater V. City Of Lago Vista, Richard S. Frase
What Were They Thinking? Fourth Amendment Unreasonableness In Atwater V. City Of Lago Vista, Richard S. Frase
Fordham Law Review
No abstract provided.
Criminal Procedure: Atwater V. City Of Lago Vista: The Due Process Dilemma Of Fourth Amendment Seizures For Traffic Violations, Amy J. Nelson
Criminal Procedure: Atwater V. City Of Lago Vista: The Due Process Dilemma Of Fourth Amendment Seizures For Traffic Violations, Amy J. Nelson
Oklahoma Law Review
No abstract provided.
Rethinking Canine Sniffs: The Impact Of Kyllo V. United States, Amanda S. Froh
Rethinking Canine Sniffs: The Impact Of Kyllo V. United States, Amanda S. Froh
Seattle University Law Review
The argument develops as follows. Part II provides a general background on how the court has determined whether an investigative technique or device is a search within the meaning of the Fourth Amendment, and the implications for finding that something is a search. This section focuses primarily on Katz v. United States, the pivotal case in which the Supreme Court departed from previous Fourth Amendment jurisprudence by recognizing that the Fourth Amendment's core value is the protection of individual privacy, not the protection of places. In light of this background, Part III provides examples of how the Supreme Court has …
Digital Dossiers And The Dissipation Of Fourth Amendment Privacy, Daniel J. Solove
Digital Dossiers And The Dissipation Of Fourth Amendment Privacy, Daniel J. Solove
GW Law Faculty Publications & Other Works
In this article, Professor Solove examines the increasing information flow from the private sector to the government, especially in light of the response to September 11, 2001. In today's Information Age, private sector entities are gathering an unprecedented amount of personal information about individuals, and the data is increasingly being accessed by government law enforcement officials. This government information gathering takes place outside the bounds of the Fourth Amendment, since the Supreme Court held in Smith v. Maryland and United States v. Miller that the Fourth Amendment does not apply to records held by third parties. Law enforcement officials can, …
The Magic Lantern Revealed: A Report Of The Fbi's New Key Logging Trojan And Analysis Of Its Possible Treatment In A Dynamic Legal Landscape, Woodrow Hartzog
The Magic Lantern Revealed: A Report Of The Fbi's New Key Logging Trojan And Analysis Of Its Possible Treatment In A Dynamic Legal Landscape, Woodrow Hartzog
Faculty Scholarship
Magic Lantern presents several difficult legal questions that are left unanswered due to new or non-existent statutes and case law directly pertaining to the unique situation that Magic Lantern creates. 25 The first concern is statutory. It is unclear what laws, if any, will apply when Magic Lantern is put into use.26 The recent terrorist attacks in the United States have brought the need for information as a matter of national security to the forefront. Congress recently passed legislation (i.e. USA PATRIOT Act) 27 that dramatically modifies current surveillance law, thus further complicating the untested waters of a …