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Search and seizure

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Institution
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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 Aug 2016

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 Mar 2016

Family Court, Seneca County, In Re Kaufman, Edward Callaghan

Touro Law Review

No abstract provided.


County Court, Monroe County, People V. Reynolds, Jill Weinberg Mar 2016

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 Mar 2016

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 Mar 2016

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 Feb 2016

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 Jan 2016

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 Jan 2016

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 Jan 2016

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. Aug 2015

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. Aug 2015

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 Aug 2015

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 Aug 2015

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 Jul 2015

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 Jul 2015

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 Jul 2015

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 Jun 2015

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 Jun 2015

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 May 2015

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 Apr 2015

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 Apr 2015

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 Apr 2015

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 Apr 2015

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 Apr 2015

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 Apr 2015

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 Apr 2015

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 Apr 2015

Court Of Appeals Of New York, People V. Wright, Melanie Hendry

Touro Law Review

No abstract provided.


United States V. Batista, Constantine Loizides Jan 2015

United States V. Batista, Constantine Loizides

NYLS Law Review

No abstract provided.


Appellate Division, First Department, People V. Celaj, Danielle Dupré Dec 2014

Appellate Division, First Department, People V. Celaj, Danielle Dupré

Touro Law Review

No abstract provided.


Apellate Division, Third Department, People V. Kelley, Elyssa Lane Dec 2014

Apellate Division, Third Department, People V. Kelley, Elyssa Lane

Touro Law Review

No abstract provided.