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Articles 31 - 60 of 273
Full-Text Articles in Law
Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen
Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen
Pace Law Review
Part I of this note discusses the Fourth Amendment’s protection against unreasonable search and seizures and its probable cause requirement. The Fourth Amendment’s text remains the same since its enactment. However, interpretation of the Fourth Amendment continues to evolve in order to stay current with society. Interpretation of the Fourth Amendment also varies based on state constitutional law since states can provide its citizens with greater protection than the United States Constitution. This is why the United States Supreme Court, federal district courts, and state courts have all undergone thorough Fourth Amendment analyses when applying the true meaning of the …
Family Court, Seneca County, In Re Kaufman, Edward Callaghan
Family Court, Seneca County, In Re Kaufman, Edward Callaghan
Touro Law Review
No abstract provided.
County Court, Monroe County, People V. Reynolds, Jill Weinberg
County Court, Monroe County, People V. Reynolds, Jill Weinberg
Touro Law Review
No abstract provided.
Terry And Beyond: Testing The Underlying Assumption Of Reasonable Suspicion, Illya D. Lichtenberg, Alisa Smith, Michael Copeland
Terry And Beyond: Testing The Underlying Assumption Of Reasonable Suspicion, Illya D. Lichtenberg, Alisa Smith, Michael Copeland
Touro Law Review
No abstract provided.
Much Ado About Some Things: Fourth Amendment Rulings Dominate The Supreme Court’S Criminal Law Decisions In The 2000 Term, William E. Hellerstein
Much Ado About Some Things: Fourth Amendment Rulings Dominate The Supreme Court’S Criminal Law Decisions In The 2000 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Search And Seizures As Applied To Changing Digital Technologies: A Look At Pole Camera Surveillance, Tiffany M. Russo
Search And Seizures As Applied To Changing Digital Technologies: A Look At Pole Camera Surveillance, Tiffany M. Russo
Seton Hall Circuit Review
No abstract provided.
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii
Brooklyn Law Review
On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …
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.
Ohio Is Jonesing For Automatic License Plate Readers: Why This May Violate Your Fourth Amendment Rights And What The Ohio Legislature Should Do About It, Michael E. Fisher
Ohio Is Jonesing For Automatic License Plate Readers: Why This May Violate Your Fourth Amendment Rights And What The Ohio Legislature Should Do About It, Michael E. Fisher
Cleveland State Law Review
The City of Cleveland currently owns and operates several automatic license plate recognition cameras. With a quick scan, these cameras can provide law enforcement with locational and other personal data about an individual. The Supreme Court in United States v. Jones successfully avoided the issue of whether there is a privacy right in locational data; thus this Note addresses the need for Ohio legislation to balance the interests of law enforcement in using license plate data to apprehend criminals with citizens' Fourth Amendment right to be free from unreasonable searches and seizures. It also examines legislation in effect in other …
Criminal Law - Search And Seizure - Scope Of The Term - "Frisk"; State V. Henry, Anthony J. Occhipinti Jr.
Criminal Law - Search And Seizure - Scope Of The Term - "Frisk"; State V. Henry, Anthony J. Occhipinti Jr.
Akron Law Review
State v. Henry is a case involving prosecution for the unlawful possession of narcotic drugs. Henry was convicted on evidence obtained as a result of a "frisk." It should be made clear at the outset that a "frisk" is not a "full" search as is permitted in situations where there is probable cause for arrest. The "frisk" is limited to a protective search or pat-down of the outer clothing for the purpose of detecting weapons. Even though probable cause is not a condition precedent to a "frisk," the "frisk" is, nevertheless, governed by the Reasonableness Clause of the Fourth Amendment. …
Criminal Law - Search And Seizure - Scope Of The Term - "Frisk"; State V. Henry, Anthony J. Occhipinti Jr.
Criminal Law - Search And Seizure - Scope Of The Term - "Frisk"; State V. Henry, Anthony J. Occhipinti Jr.
Akron Law Review
State v. Henry' is a case involving prosecution for the unlawful possession of narcotic drugs. Henry was convicted on evidence obtained as a result of a "frisk." It should be made clear at the outset that a "frisk" is not a "full" search as is permitted in situations where there is probable cause for arrest. The "frisk" is limited to a protective search or pat-down of the outer clothing for the purpose of detecting weapons. Even though probable cause is not a condition precedent to a "frisk," the "frisk" is, nevertheless, governed by the Reasonableness Clause of the Fourth Amendment. …
Search And Seizure - Warrantless Search- Allowable Extent Incident To Arrest; United States V. Robinson, John Nelson Childs
Search And Seizure - Warrantless Search- Allowable Extent Incident To Arrest; United States V. Robinson, John Nelson Childs
Akron Law Review
DISTRICT OF COLUMBIA Metropolitan Policeman Richard Jencks, on April 19, 1968, halted Willie Robinson for a "routine spot check."' While examining Robinson's driver's license, motor vehicle registration, and selective service card, Officer Jencks noticed an 11-year discrepancy between the two birthdates listed on his driver's license and his draft card. Upon a later check of police traffic records, Officer Jencks discovered that an operator's permit issued to "Willie Robinson, Jr.," born in 1927, had been revoked and that a temporary license had been issued to a "Willie Robinson," born in 1938. Four days later, the same officer observed Robinson operating …
Pot In My Backyard: Curtilage Concept Endorsed By The Queens Supreme Court To Suppress Physical Evidence Of Marijuana, Laura J. Mulholland
Pot In My Backyard: Curtilage Concept Endorsed By The Queens Supreme Court To Suppress Physical Evidence Of Marijuana, Laura J. Mulholland
Touro Law Review
No abstract provided.
Wilson V. Arkansas: Thirty Years After The Supreme Court Addresses The Knock And Announce Issue, Todd Witten
Wilson V. Arkansas: Thirty Years After The Supreme Court Addresses The Knock And Announce Issue, Todd Witten
Akron Law Review
This Note will initially discuss the historical background of the knock and announce principle and its evolution from the English common law. Next, the Note will address the facts and the holdings of Wilson, in the lower courts and the Supreme Court. Finally, the Note will analyze the Wilson decision and its precedential value.
Atwater V. City Of Largo Vista: Buckle-Up Or Get Locked-Up: Warrantless Arrests For Fine-Only Misdemeanors Under The Fourth Amendment, Jason M. Katz
Atwater V. City Of Largo Vista: Buckle-Up Or Get Locked-Up: Warrantless Arrests For Fine-Only Misdemeanors Under The Fourth Amendment, Jason M. Katz
Akron Law Review
The first part of this note presents a brief background of the constitutional jurisprudence regarding arrests. The note then recites the facts that led to this case and the legal proceedings that followed, including the Supreme Court’s decision. Next, the note analyzes the Court’s majority opinion, remarks on changes and deviations that were made in the law, and questions some areas of the Court’s analysis. The note concludes by addressing the significant consequences that the Atwater ruling may have on ordinary Americans.
Two Wrongs Don't Make A Fourth Amendment Right: Samson Court Errs In Choosing Proper Analytical Framework, Errs In Result, Parolees Lose Fourth Amendment Protection, Rachael A. Lynch
Akron Law Review
This Note will follow the Fourth Amendment from its origins to its modern application to parolee rights, as evidenced by the Samson Court. Part II focuses on the Fourth Amendment, from the circumstances surrounding its adoption to modern court cases that have applied its tenets to prisoners, probationers, and, finally, parolees. Part III details the Supreme Court’s decision in Samson v. California, including a thorough discussion of the facts that gave rise to the case and lower court decisions. Part IV explores the problems with the Court’s framework and suggests other possible frameworks the Court could have used to come …
Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller
Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller
Akron Law Review
Part I is a brief history of Search and Seizure law, focusing on seismic doctrinal shifts that occurred from the 1950s to the present. As a framework for the important cases, the Founders’ concerns about abuse of governmental authority are discussed, as well as the rights protected by the Fourth Amendment. Various governmental programs will also be presented, such as the War on Drugs and its call for a large-scale federal anti-drug policy, first initiated by President Richard Nixon in 1969. Part II is a description of the central reasoning presented in Florence v. Board of Chosen Freeholders, including the …
Full Disclosure: Cognitive Science, Informants, And Search Warrant Scrutiny, Mary Nicol Bowman
Full Disclosure: Cognitive Science, Informants, And Search Warrant Scrutiny, Mary Nicol Bowman
Akron Law Review
This article aims to improve the quality of evidence gathering and interpretation at one crucial phase of investigations: the evaluation of search warrant applications. Part II of this article provides background on the search warrant application process, including how courts evaluate such applications based on informants’ tips and how defendants can subsequently challenge those decisions. Part III then discusses the ways in which cognitive biases can affect each stage of the search warrant process. Part IV provides my suggested solutions to the problems identified, all of which fall under the general umbrella of full disclosure. That part argues that education …
Fifth Circuit Cases Concerning Search And Seizure Upon The High Seas: The Need For A Limiting Doctrine, Willie R. Jenkins
Fifth Circuit Cases Concerning Search And Seizure Upon The High Seas: The Need For A Limiting Doctrine, Willie R. Jenkins
Georgia Journal of International & Comparative Law
No abstract provided.
In The Wake Of Florida V. J.L. - When Anonymous Tips Give Police Reasonable Suspicion, Robyn Silvermintz
In The Wake Of Florida V. J.L. - When Anonymous Tips Give Police Reasonable Suspicion, Robyn Silvermintz
Touro Law Review
No abstract provided.
Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro
Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro
Touro Law Review
No abstract provided.
Supreme Court, Bronx County, People V. Nieto, Jean D'Alessandro
Supreme Court, Bronx County, People V. Nieto, Jean D'Alessandro
Touro Law Review
No abstract provided.
Appellate Division, Fourth Department, People V. Taylor, Aileen R. Kavanagh
Appellate Division, Fourth Department, People V. Taylor, Aileen R. Kavanagh
Touro Law Review
No abstract provided.
Appellate Division, Fourth Department, People V. Park, Marcia Miller
Appellate Division, Fourth Department, People V. Park, Marcia Miller
Touro Law Review
No abstract provided.
Appellate Division, Third Department, Landsman V. Village Of Hancock, Joaquin Orellana
Appellate Division, Third Department, Landsman V. Village Of Hancock, Joaquin Orellana
Touro Law Review
No abstract provided.
Appellate Division, First Department, Morris V. Port Authority Of New York And New Jersey, Brooke Lupinacci
Appellate Division, First Department, Morris V. Port Authority Of New York And New Jersey, Brooke Lupinacci
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Wright, Melanie Hendry
Court Of Appeals Of New York, People V. Wright, Melanie Hendry
Touro Law Review
No abstract provided.
United States V. Batista, Constantine Loizides
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Touro Law Review
No abstract provided.
Apellate Division, Third Department, People V. Kelley, Elyssa Lane
Apellate Division, Third Department, People V. Kelley, Elyssa Lane
Touro Law Review
No abstract provided.