Constitutional Law Commons^™

Recent Decisions, Stanley D. Miller, G. Cranwell Montgomery, Douglas I. Friedman

Vanderbilt Journal of Transnational Law

Recent Decisions

Admiralty--Maritime Wrongful Death Action--A Maritime Wrongful Death Action for Unseaworthiness Alleging Loss of Support, Services, Society and Funeral Expenses is not Barred by Decedent's Recovery of Damages for Personal Injuries during His Lifetime

Stanley D. Miller

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Constitutional Law--Fourth Amendment Search and Seizure--Without Consent, Warrant or Probable Cause, A Roving Patrol Search of a Vehicle Twenty-Five Miles from Border is an Unreasonable Search and Seizure within Meaning of Fourth Amendment

G. Cranwell Montgomery

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Jurisdiction--Securities Exchange Act of 1934--Section 10(b) applies to Fraudulent Transaction in Unlisted Foreign Securities when the Only Conduct within the United States is the …

The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White

Articles

One way to regard what the Supreme Court has done in the cases it has decided under the Fourth Amendment is to say that it has created a specialized discourse of adjudication, a language in which it can talk about and dispose of the repeated conflicts that arise between an officer engaged in the process of crime control and a citizen upon whose freedom or security he intrudes. The events which bring these two figures together are bewildering in their variety and complexity, and the claims on each side are deeply felt and strenuously made. It has not been easy …

Constitutional Law - Fourth Amendment - A Witness May Not Invoke The Exclusionary Rule To Suppress Evidence Before The Grand Jury Or As A Basis For Refusing To Answer Questions Based On Evidence Seized In Violation Of His Fourth Amendment Rights, Leland G. Ripley

Villanova Law Review (1956 - )

No abstract provided.

The Automobile Inventory Search And Cady V. Dombrowski, Robert M. Hall

Villanova Law Review (1956 - )

No abstract provided.

Airport Freight And Passenger Searches: Application Of Fourth Amendment Standards

William & Mary Law Review

No abstract provided.

The Constitution As Positive Law, Richard W. Wright

All Faculty Scholarship

No abstract provided.

Almeida-Sanchez V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Schneckloth V. Bustamonte, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Constitutionality Of The Anti-Hijacking Security System, Abraham Abramovsky

Buffalo Law Review

No abstract provided.

The Privacy Interest Of The Fourth Amendment--Does Mapp V. Ohio Protect It Or Pillage It, Dennis C. Sauter

West Virginia Law Review

No abstract provided.

United States V. United States District Court For The Eastern District Of Michigan, Southern Division, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Search And Seizure--Was The Right Of Privacy Taken To The Cleaners?, Dennis C. Sauter

West Virginia Law Review

No abstract provided.

Constitutional Law - Welfare Law - Welfare Benefits Conditioned Upon Consent To A Warrantless Home Visit Held Not To Violate Fourth Amendment, Brian R. Mckillip

Loyola University Chicago Law Journal

No abstract provided.

Warrantless Searches And Seizures, Mack Allen Player

Scholarly Works

The fourth amendment to the Constitution has two basic clauses. The first, the reasonableness clause, protects the people against unreasonable searches and seizures. The second, the warrant clause, sets forth conditions under which a warrant may issue. Searches and seizures made pursuant to a warrant are, quite obviously, governed by the commands of the warrant clause. However, the effect of the warrant clause upon searches and seizures made without warrants is not clear from the amendment itself, and the Supreme Court has failed to develop a consistent interpretation of the proper role of that clause.

Constitutional Law--Stop And Frisk--Reasonableness Under The Fourth Amendment, John Michael Anderson

West Virginia Law Review

No abstract provided.

Criminal Law - Search And Seizure - Probable Cause Standard And The Informant - Spinelli V. United States, 89 S. Ct. 584 (1969)., Ray C. Stoner

William & Mary Law Review

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Background Of The Fourth Amendment To The Constitution Of The United States, Joseph J. Stengel

University of Richmond Law Review

It is generally agreed that the antecedent history of the Fourth Amendment to the Constitution of the United States is concerned primarily with those events that took place in England and the AmericanColonies in the thirty years immediately preceding the adoption of the Amendment. However, it also seems clear that it was the executive abuse of search and seizure in England throughout the centuries that led to those events. The search for the reason "why" of the Fourth Amendment should then logically begin with the earliest recorded events, statutes and cases involving search and seizure in English history and be …

The Background Of The Fourth Amendment To The Constitution Of The United States, Part Two, Joseph J. Stengel

University of Richmond Law Review

Upon the conclusion of the Constitutional Convention in 1787 and after the proposed Constitution was submitted by Congress to the states for ratification, there arose a clamor concerning the absence of a bill or declaration of rights therein. Scholars have disagreed as to the basis for this controversy. Story says that the demand was "a matter of very exaggerated declamation and party zeal, for the mere purpose of defeating the Constitution." Cooley concludes that leading statesmen made the want of a bill of rights in the Constitution the ground of a "decided, earnest, and formidable opposition to the confirmation of …

Criminal Law And Procedure - Electronic Eavesdropping - Katz V. United States, 88 S. Ct. 507 (1967)

William & Mary Law Review

No abstract provided.

The Extent Of The Exclusionary Rule, Jon W. Bruce

William & Mary Law Review

No abstract provided.

Constitutional Law - Search And Seizure - "Fruit Of Poisonous Tree" Doctrine - Jacobs V. Warden, 367 F.2d 321 (4th Cir. 1966), Gilbert A. Bartlett

William & Mary Law Review

No abstract provided.

Constitutional Law - Search Warrants - Health And Safety Inspections, John M. Campfield

Duquesne Law Review

Health and Safety Inspections- The Fourth Amendment guarantees that a person may not be convicted for refusing to consent to a health or safety inspection of his residence or place of business to be made without a search warrant.

Camara v. Municipal Court, 87 S. Ct. 1727 (1967). See v. City of Seattle, 87 S. Ct. 1737 (1967).

Family Law—Application Of The Rules Against Search And Seizure To Juvenile Delinquency Proceedings, Alan Eber

Buffalo Law Review

Matter of Williams, 49 Misc. 2d 154, 267 N.Y.S.2d 91 (Ulster County Family Ct. 1966).

Constitutional Law - Admissibility Of Evidence - Reasonable Search And Seizure. Hawley V. Commonwealth, 206 Va. 479 (1965), Robert E. Scott

William & Mary Law Review

No abstract provided.

A New Constitutional Limit For Electronic Surveillance Cases, Allan Zaleski

William & Mary Law Review

No abstract provided.

Constitutional Law - Search And Seizure - Wife's Consent To Search And Seizure Of Husband's Property Held Not Sufficient To Waive Constitutional Rights Protecting Husband. State V. Hall, 142 S.E.2d 177 (1965)., R. H. Kraftson

William & Mary Law Review

No abstract provided.

An Ex Parte Order May Not Serve The Function Of A Search Warrant Under The Fourth Amendment To Authorize A Physical Intrusion In Connection With A "Search" For Conversations--People V. Grossman, Michigan Law Review

Michigan Law Review

There was probable cause to believe that defendant Scandifia was implicated in a larceny of jewelry by false pretenses. Pursuant to section 813-a of the New York Code of Criminal Procedure, the Supreme Court in New York County issued an ex parte order authorizing the installation of an eavesdropping device in a service station owned by Scandifia. Shortly thereafter, police broke into the station's private office and installed a microphone. Conversations were overheard which indicated that defendant Grossman had in his possession two pistols received from Scandifia. An affidavit setting forth these conversations supplied the sole probable cause for a …

The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr.

Michigan Law Review

The comments that follow are divided into a brief review, for purposes of perspective, of the elusive nature of "privacy" as developed in American law to date, and an attempted rigorous analysis of the privacy aspects of Griswold. A final section suggests that effectuation of the new constitutional right of marital privacy necessarily or derivatively implies a corollary right of access to birth control information and devices-a right which should have been more clearly articulated by the Court.

Nine Justices In Search Of A Doctrine, Thomas I. Emerson

Michigan Law Review

To the ordinary layman, Griswold v. Connecticut seemed easy. But to the lawyer it was somewhat more difficult. The lawyer's problem with the case was that the issues did not readily fit into any existing legal pigeonhole. Actually, there were five possibilities. The case could have been dealt with under the equal protection clause, the first amendment, substantive due process, the right of privacy, or, in extremis, the ninth amendment. In order to strike down the statute under any of these doctrines, however, the Court would be forced to enter uncharted waters. Whatever course the Court took, its action …