Constitutional Law Commons^™

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

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson

Faculty Publications

No abstract provided.

Feedback From The Fourth Amendment: Is The Exclusionary Rule An Albatross Around The Judicial Neck?, Stephen E. Gottlieb

Kentucky Law Journal

No abstract provided.

The Minimization Requirement In Electronic Surveillance: Title Iii, The Fourth Amendment, And The Dread Scott Decision, Clifford S. Fishman

Scholarly Articles

This article addresses the problems raised by the Title III minimization requirement with particular emphasis on the Supreme Court's decision in Scott. Section I outlines the provisions of Title III that govern the issuance of eavesdropping warrants and the use of derivative evidence. Section II discusses the minimization provision and the definitional problems it presents. Section III analyzes judicial treatment of the minimization provision in light of Scott, and factors that have been held to affect a monitoring agent's ability to minimize interceptions. Section IV discusses judicial approaches to minimization litigation with respect to the problems of standing, guidelines for …

Electronic Tracking Devices: Fourth Amendment Problems And Solutions, Thomas C. Marks Jr., Robert Batey

Kentucky Law Journal

No abstract provided.

Brown V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

Arkansas V. Sanders, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Smith V. Maryland, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Commonwealth Of Massachusetts V. White, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Generic Trademarks, The Ftc, And The Lanham Act: Covering The Market With Formica, David E. Shipley

William & Mary Law Review

No abstract provided.

Recent Cases, Daniel P. Smith, R. Michael Moore

Vanderbilt Law Review

Courts Split on the Necessity of Separate Authorization for a Covert Entry Under Title III of the Omnibus Crime Control and Safe Streets Act of 1968

Daniel Paul Smith

Title III of the Omnibus Crime Control and Safe Streets Act of 1968,' which regulates the use of electronic surveillance, was designed to protect "the privacy of wire and oral communications,"and to delineate "on a uniform basis the circumstances and conditions under which the interception of wire and oral communications may be authorized."' In general, communications may be intercepted only by law enforcement officers, who are engaged in the investigation of …

The Four Corners Requirement: A Constitutional Prerequisite To Search Warrant Validity, Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.

Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons

Villanova Law Review (1956 - )

No abstract provided.

The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson

Faculty Publications

No abstract provided.

The Burger Court And The Fourth Amendment, Larry Yackle

Faculty Scholarship

In his 1974 Holmes Lectures, Anthony Amsterdam likened the Supreme Court in search and seizure cases to a committee "attempting to draft a horse by placing very short lines on a very large drawing board at irregular intervals during which the membership of the committee constantly changes." On that perception of the matter he cautioned against precipitous criticism when the completed draft resembles a camel. That advice, in my judgment, is reliable only in part. On the one hand, only the most arrogant of armchair critics would not concede that the Court's work is as difficult as it is important. …

Mincey V. Arizona, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Nelson V. State, 319 So. 2d 154 (Fla. 2d Dist. Ct. App. 1975), Randall O. Reder

Florida State University Law Review

Constitutional Law- SEARCH AND SEIZURE- SCHOOL OFFICIALS' AUTHORITY TO SEARCH STUDENTS IS AUGMENTED BY THE In Loco Parentis DOCTRINE.

Constitutional Law-Fourth Amendment-Immigration Checkpoint Stops For Questioning Are Reasonable Without Individualized Suspicion-United States V. Martinez-Fuerte, Russell A. Hakes

BYU Law Review

No abstract provided.

Taxpayer Rights In Noncustodial Irs Investigations After Beckwith V. United States, Curtis L. Christensen

University of Michigan Journal of Law Reform

The recent Supreme Court decision in Beckwith v. United States, holding that Miranda does not extend to noncustodial tax investigations, has important implications with respect to the News Release doctrine and the involuntary consent grounds considered in motions to suppress evidence. This article will examine Beckwith and its potential significance with respect to these other doctrines, discussing the factors which the IRS and the courts should consider in order to assure fair treatment of taxpayers during investigations.

The Interception Of Communications Without A Court Order: Title Iii, Consent, And The Expectation Of Privacy, Clifford S. Fishman

Scholarly Articles

No abstract provided.

The Constitutionality Of Warrantless Osha Inspections, Thomas Martin

Villanova Law Review (1956 - )

No abstract provided.

Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller

Florida State University Law Review

Criminal Procedure- PRELIMINARY HEARINGS- NONADVERSARY JUDICIAL DETERMINATION OF PROBABLE CAUSE TO DETAIN IS PREREQUISITE TO EXTENDED RESTRAINT OF LIBERTY FOLLOWING ARREST.

A Reconsideration Of The Fourth Amendment's Doctrine Of Search Incident To Arrest.Pdf, David Aaronson

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The doctrine of search incident to arrest provides that, as an incident to every lawful full custody arrest, law enforcement officers have an automatic right to conduct a thorough search of the arrestee and the area within his immediate control.' Although the Supreme Court has stated that the search incident to arrest exception to the fourth amendment's general requirement of a search warrant has been "settled from its first enunciation," the doctrine should be reexamined in terms of constitutional jurisprudence.

Terry And The Pirates: Constitutionality Of Airport Searches And Seizures, James A. Brodsky

Kentucky Law Journal

No abstract provided.

Constitutional Law - Fourth Amendment - Conduct Of An Effective Foreign Policy Demands That Presidential Power To Conduct Electronic Surveillance For Foreign Affaris Purposes Not Be Subjected To Warrant Requirement, And That Subsequent Judicial Review Be Limited, Mark R. Cuker

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Sources Of The Penumbral Right To Privacy, R. H. Clark

Villanova Law Review (1956 - )

No abstract provided.

Airport Searches And The Right To Travel: Some Constitutional Questions, Donald Applestein

Cleveland State Law Review

Historically the constitutional right to travel has arisen in two contexts. First, it has arisen within the context of the competing interests of the individual to travel internationally and the interest in national security. The other is that in which an individual wishes to travel to some area, and the government restricts that right in an effort to protect the persons in the area to which the individual wishes to travel. However, under the current airport screening procedures the right to travel may be being restricted or interfered with in another context: prevention and detection of criminal activity. This note …

Is The Exclusionary Rule In Failing Health? Some New Data And A Plea Against A Precipitous Conclusion, Bradley C. Canon

Kentucky Law Journal

No abstract provided.