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Articles 1 - 3 of 3
Full-Text Articles in Law
Pretrial Commitment And The Fourth Amendment, Laurent Sacharoff
Pretrial Commitment And The Fourth Amendment, Laurent Sacharoff
Notre Dame Law Review
Today, the Fourth Amendment Warrant Clause governs arrest warrants and search warrants only. But in the founding era, the Warrant Clause governed a third type of warrant: the “warrant of commitment.” Judges issued these warrants to jail defendants pending trial. This Article argues that the Fourth Amendment Warrant Clause, with its oath and probable cause standard, should be understood today to apply to this third type of warrant. That means the Warrant Clause would govern any initial appearance where a judge first commits a defendant—a process that currently falls far short of fulfilling its constitutional and historical function. History supports …
Freezing The Status Quo In Criminal Investigations: The Melting Of Probable Cause And Warrent Requirements, Fernand N. Dutile
Freezing The Status Quo In Criminal Investigations: The Melting Of Probable Cause And Warrent Requirements, Fernand N. Dutile
Journal Articles
This article will trace the development of what can be called the "freezing the status quo" concept in the United States Supreme Court. That concept provides for intermediate level intrusions based on intermediate levels of justification, permitting law enforcement to isolate an event and exploit its opportunities for fruitful investigation. The article will begin with a discussion of two early cases which hinted at the Supreme Court's willingness to adopt the "freezing the status quo" doctrine as a means of justifying certain police activity in the absence of probable cause. Next, the Court's decisions in Terry v. Ohio and subsequent …
Recent Decision Note, Thomas L. Shaffer
Recent Decision Note, Thomas L. Shaffer
Journal Articles
Petitioner was arrested without a warrant by a federal narcotics agent. Sole justification for the arrest, pursuant to the Narcotics Control Act of 1956, was information from a paid informer of the Narcotics Bureau who had proved reliable during six months of association with arresting officers. The informer's description of the petitioner, including dress, baggage, and manner of walking, and his prediction of the petitioner's time of arrival at the point of arrest, were detailed and accurate. The arresting officers searched petitioner immediately after the arrest and seized narcotics and implements used in narcotics addiction. At trial petitioner moved to …