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Fourth Amendment

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Articles 1081 - 1110 of 1233

Full-Text Articles in Constitutional Law

Michigan V. Clifford, Lewis F. Powell Jr. Oct 1983

Michigan V. Clifford, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Welsh V. Wisconsin, Lewis F. Powell Jr. Oct 1983

Welsh V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Lake Butler Apparel Co. V. Department Of Agricultural And Consumer Services, 551 F. Supp. 901 (M.D. Fla. 1982), Paul Bradshaw Jul 1983

Lake Butler Apparel Co. V. Department Of Agricultural And Consumer Services, 551 F. Supp. 901 (M.D. Fla. 1982), Paul Bradshaw

Florida State University Law Review

Constitutional Law-SEARCH AND SEIZURE-PRUNING THE POISONOUS TREE: FLORIDA'S AGRICULTURAL INSPECTION STATUTE FALLS TO A FOURTH AMENDMENT CHALLENGE


Fourth Amendment Search And Seizure Requirements As Applied To Sniffing Investigations By Police Dogs: People V. Mayberry, Steven M. Bradford May 1983

Fourth Amendment Search And Seizure Requirements As Applied To Sniffing Investigations By Police Dogs: People V. Mayberry, Steven M. Bradford

BYU Law Review

No abstract provided.


In Defense Of The Fourth Amendment Exclusionary Rule—A Reply To Attorney General Smith, John Wesley Hall Jr. Apr 1983

In Defense Of The Fourth Amendment Exclusionary Rule—A Reply To Attorney General Smith, John Wesley Hall Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


The Exclusionary Rule In Germany, Craig M. Bradley Jan 1983

The Exclusionary Rule In Germany, Craig M. Bradley

Articles by Maurer Faculty

The exclusionary rule that the Supreme Court has fashioned to suppress evidence obtained unconstitutionally is directed at least in part toward deterring police conduct that violates constitutional norms. Since the inception of the rule, the value and efficacy of a prescript that excludes otherwise relevant and probative evidence in a factfinding proceeding has been a subject of heated debate. In this Article, Professor Bradley examines the rather different exclusionary rules used in Germany. He argues that a comparison of exclusionary rules in Germany and the United States suggests that a number of different policies of a criminal justice system could …


Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle Jan 1983

Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer Nov 1982

Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer

Cornell Law Faculty Publications

No abstract provided.


Illinois V. Lafayette, Lewis F. Powell Jr. Oct 1982

Illinois V. Lafayette, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Place, Lewis F. Powell Jr. Oct 1982

United States V. Place, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Knotts, Lewis F. Powell Jr. Oct 1982

United States V. Knotts, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Texas V. Brown, Lewis F. Powell Jr. Oct 1982

Texas V. Brown, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Illinois V. Gates, Lewis F. Powell Jr. Oct 1982

Illinois V. Gates, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Ross And The Container Cases -- Another Chapter In The Police Manual On Search And Seizure, Vincent G. Torpy, Jr. Oct 1982

United States V. Ross And The Container Cases -- Another Chapter In The Police Manual On Search And Seizure, Vincent G. Torpy, Jr.

Florida State University Law Review

No abstract provided.


The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson Oct 1982

The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson

Faculty Publications

No abstract provided.


Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review May 1982

Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review

Michigan Law Review

Part I briefly identifies the considerations underlying the Stone Court's decision to limit habeas corpus review of fourth amendment claims. Part II then argues against applying Stone to the sixth amendment claim. After establishing the analytic difference between the two constitutional claims and examining Stone's "opportunity for full and fair litigation" standard, it concludes that Stone is fully consistent with free review of habeas corpus petitions alleging incompetent handling of fourth amendment questions. Finally, responding to a popular interpretation of Stone, Part II demonstrates that the possibility that ineffectiveness claims may not further the determination of a defendant's …


Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd Jan 1982

Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd

UIC Law Review

No abstract provided.


The Exclusionary Rule Revisited: Good Faith In Fourth Amendment Search And Seizure, Holly Martin Stone Jan 1982

The Exclusionary Rule Revisited: Good Faith In Fourth Amendment Search And Seizure, Holly Martin Stone

Kentucky Law Journal

No abstract provided.


Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag Jan 1982

Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag

Publications

No abstract provided.


Coast Guard Boardings Of Suspected Drug Smuggling Vessels On The High Seas And The Fourth Amendment: United States V. Streifel, Roger A. Stetter Jan 1982

Coast Guard Boardings Of Suspected Drug Smuggling Vessels On The High Seas And The Fourth Amendment: United States V. Streifel, Roger A. Stetter

Cardozo Law Review

Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution


United States V. Ross, Lewis F. Powell Jr. Oct 1981

United States V. Ross, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Fourth Amendment Finality, John R. Pagan Oct 1981

Fourth Amendment Finality, John R. Pagan

Popular Media

No abstract provided.


Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk Aug 1981

Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk

Articles

Workmen's compensation awards, decrees of administrative tribunals rather than courts, present the question of how far the mandate of the full faith and credit clause should reach and whether the clause should bar a claimant from pursuing supplemental compensation in a second state. Recently, in Thomas v. Washington Gas Light Co., the Supreme Court decided that full faith and credit should not prevent a claimant from obtaining supplemental compensation. Professor Sterk criticizes the Court's analysis, demonstrating the Thomas Court's neglect of the federal interests that the clause should protect. After examining the clause and its policy underpinnings, Professor Sterk …


Standing Up For Fourth Amendment Rights: Salvucci, Rawlings, And The Reasonable Expectation Of Privacy (Comment), Elizabeth Brandt Jan 1981

Standing Up For Fourth Amendment Rights: Salvucci, Rawlings, And The Reasonable Expectation Of Privacy (Comment), Elizabeth Brandt

Articles

The initial inquiry a court must make before considering a motion to suppress evidence based on an unreasonable search and seizure is whether the individual has standing under the fourth amendment. This Note examines the historical development of the standing doctrines leading to the reasonable expectation of privacy test adopted by the Supreme Court in Rakas v. Illinois. The Note also identifies the problems created by the Court's far-reaching application of this test. The author concludes that the overall effect of recent decisions may be to limit the number of defendants able to assert fourth amendment claims, since suppression hearing …


Recent Development, Constitutional Law: Protection Against Illegal Search And Seizure--Blackie's House Of Beef, Inc. V. Castillo, No. 79-1057 & 79-2358 (D.C. Cir. July 22, 1981), Stephen James Anaya Jan 1981

Recent Development, Constitutional Law: Protection Against Illegal Search And Seizure--Blackie's House Of Beef, Inc. V. Castillo, No. 79-1057 & 79-2358 (D.C. Cir. July 22, 1981), Stephen James Anaya

Publications

No abstract provided.


Constitutional Protection For Private Papers, Craig M. Bradley Jan 1981

Constitutional Protection For Private Papers, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Robbins V. California, Lewis F. Powell Jr. Oct 1980

Robbins V. California, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Pederson V. State, 373 So. 2d 367 (Fla. 1st Dist. Ct. App. 1979), Margot Pequignot Jul 1980

Pederson V. State, 373 So. 2d 367 (Fla. 1st Dist. Ct. App. 1979), Margot Pequignot

Florida State University Law Review

Constitutional Law-SEARCH AND SEIZURE-HIGHWAY AGRICULTURAL INSPECTIONS AND FLA. STAT. § 570.15: AN ATTEMPT TO EVADE THE REASONABLENESS AND PROBABLE CAUSE STANDARDS OF THE FOURTH AMENDMENT


Pen Registers And Privacy: Risks, Expectations, And The Nullification Of Congressional Intent, Clifford S. Fishman Jan 1980

Pen Registers And Privacy: Risks, Expectations, And The Nullification Of Congressional Intent, Clifford S. Fishman

Scholarly Articles

In United States v. New York Telephone Co. the Supreme Court first ruled that an ordinary search warrant sufficed to authorize law enforcement use of a pen register. Additionally, the Court ruled that a federal district judge possessed the authority to include within the search warrant an order compelling a telephone company to assist the government by installing a pen register on the targeted telephone.

In Smith v. Maryland, the Court considered the legality of pen register surveillance conducted by a telephone company pursuant to an informal police request, that is, without a warrant or other court order. In holding …


High On The Seas: Drug Smuggling, The Fourth Amendment, And Warrantless Searches At Sea, Daniel H. Foote Jan 1980

High On The Seas: Drug Smuggling, The Fourth Amendment, And Warrantless Searches At Sea, Daniel H. Foote

Articles

Today no statute prohibits the mere possession of marijuana or other controlled substances beyond the three-mile offshore territorial limit of the United States; but prosecutions relating to vessels carrying controlled substances outside the territorial waters may be based upon charges of conspiracy to import or distribute the substances. In attempting to halt the recent increase in smuggling of such contraband by sea, the United States Coast Guard and other law enforcement agencies have aggressively exercised their powers to stop and search vessels. Two parallel statutory provisions, 14 U.S.C. § 89(a) and 19 U.S.C. § 158,(a), give the Coast Guard and …