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Fourth Amendment

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Articles 901 - 930 of 1233

Full-Text Articles in Constitutional Law

Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett Jan 1998

Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett

Faculty Publications

In our system of constitutional decision-making, the Supreme Court makes law as an institution in its formal written opinions. The Court and its individual members make their official legal marks in the printed pages of the United States Reports. In June 1968, in Terry v. Ohio and Sibron v. New York, the two decisions that approved the constitutionality under the Fourth Amendment of police stop and frisk practices, the Court filled many official pages with rich discussion. Over the ensuing thirty years, these Court and individual opinions have shaped the course of constitutional analysis in our courts and guided the …


The Street Locations: Downtown Cleveland, October 31, 1963, John Q. Barrett Jan 1998

The Street Locations: Downtown Cleveland, October 31, 1963, John Q. Barrett

Faculty Publications

This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), consists of a map drawn by Jill Dinneen (SJU Law '99), based on Sanborn maps from the 1950s and 1960s, photographs and eyewitness descriptions of downtown Cleveland then and now; and a key to marked locations on the map.


State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett Jan 1998

State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett

Faculty Publications

This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), includes Biographical Information on the Participants in the Case; and transcripts of the complete pretrial and trial proceedings in the 1964 criminal prosecutions of Richard Chilton and John Terry, arranged by Prof. Barrett to create the organization reflected in the Table of Contents at the beginning of the appendix. Footnotes were added to provide citations and, in a few instances, to clarify the text. Bracketed material was added to correct obvious slips of the tongue or the …


The Execution Of Search Warrants, H. Patrick Furman Jan 1998

The Execution Of Search Warrants, H. Patrick Furman

Publications

No abstract provided.


It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein Jan 1997

It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Search And Seizure, Court Of Appeals, People V. Quackenbush Jan 1997

Search And Seizure, Court Of Appeals, People V. Quackenbush

Touro Law Review

No abstract provided.


No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton Jan 1997

No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton

UIC Law Review

No abstract provided.


Intruders At The Death House: Limiting Third-Party Intervention In Executive Clemency, 30 J. Marshall L. Rev. 567 (1997), Daryl M. Schumacher Jan 1997

Intruders At The Death House: Limiting Third-Party Intervention In Executive Clemency, 30 J. Marshall L. Rev. 567 (1997), Daryl M. Schumacher

UIC Law Review

No abstract provided.


The Buck Stops Here: Illinois Criminalizes Support For International Terrorism, 30 J. Marshall L. Rev. 871 (1997), Victoria Meyerov Jan 1997

The Buck Stops Here: Illinois Criminalizes Support For International Terrorism, 30 J. Marshall L. Rev. 871 (1997), Victoria Meyerov

UIC Law Review

No abstract provided.


United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa Jan 1997

United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa

UIC Law Review

No abstract provided.


Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell Jan 1997

Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell

UIC Law Review

No abstract provided.


Search And Seizure, Court Of Appeals, People V. Gonzalez Jan 1997

Search And Seizure, Court Of Appeals, People V. Gonzalez

Touro Law Review

No abstract provided.


Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles Jan 1997

Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles

Faculty Scholarship

The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …


The Age Of Unreason: The Impact Of Reasonableness, Increased Police Force, And Colorblindness On Terry "Stop And Frisk", Omar Saleem Jan 1997

The Age Of Unreason: The Impact Of Reasonableness, Increased Police Force, And Colorblindness On Terry "Stop And Frisk", Omar Saleem

Oklahoma Law Review

No abstract provided.


The Police, Pretextual Investigatory Activity, And The Fourth Amendment: What Hath Whren Wrought, Mark M. Dobson Jan 1997

The Police, Pretextual Investigatory Activity, And The Fourth Amendment: What Hath Whren Wrought, Mark M. Dobson

St. Thomas Law Review

Part II of this article briefly discusses the debate over what was considered pretextual activity in the time before Whren. Part III then analyzes both the facts and resolution of the pretext issue presented in Whren itself. Part IV explores what Wiren means for the future, both in terms of how this decision, when coupled with existing Fourth Amendment precedent enlarges what the police can do; and how two other Fourth Amendment cases which have recently been handed down, may even further expand what the police can do.


Search And Seizure, Supreme Court, Bronx County People V. Williams Jan 1997

Search And Seizure, Supreme Court, Bronx County People V. Williams

Touro Law Review

No abstract provided.


Search And Seizure, Court Of Appeals, People V. Batista Jan 1997

Search And Seizure, Court Of Appeals, People V. Batista

Touro Law Review

No abstract provided.


Condemned By Substance And Process: A Comment On “Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond Nov 1996

Condemned By Substance And Process: A Comment On “Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond

Cardozo Law Review

The substance of modem criminal law and the procedures through which that law is enforced are a subject of current debate. On the one hand, some call into question the use of criminal sanctions as a means of enforcing schemes of regulation meant to guarantee public welfare. By the same token, violent crime and crime that is otherwise malum in se has caused increasing levels of fear and concomitant calls for more vigorous enforcement of the criminal law. As a result, the rights that protect the accused from intrusions by a potentially tyrannical state and from arbitrary decision making by …


Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb Oct 1996

Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.


Criminal Procedure—Good Faith, Big Brother, And You: The United States Supreme Court's Latest Good Faith Exception To The Fourth Amendment Exclusionary Rule. Arizona V. Evans, 115 S. Ct. 1185 (1995)., Elisa Masterson White Apr 1996

Criminal Procedure—Good Faith, Big Brother, And You: The United States Supreme Court's Latest Good Faith Exception To The Fourth Amendment Exclusionary Rule. Arizona V. Evans, 115 S. Ct. 1185 (1995)., Elisa Masterson White

University of Arkansas at Little Rock Law Review

No abstract provided.


The Clipper Chip Proposal: Deciphering The Unfounded Fears That Are Wrongfully Derailing Its Implementation, 29 J. Marshall L. Rev. 475 (1996), Howard S. Dakoff Jan 1996

The Clipper Chip Proposal: Deciphering The Unfounded Fears That Are Wrongfully Derailing Its Implementation, 29 J. Marshall L. Rev. 475 (1996), Howard S. Dakoff

UIC Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


State Constitutional Jurisprudence: Decision Making At The New York Court Of Appeals, Michael Hutter, Vincent Bonventre, Luke Bierman Jan 1996

State Constitutional Jurisprudence: Decision Making At The New York Court Of Appeals, Michael Hutter, Vincent Bonventre, Luke Bierman

Touro Law Review

No abstract provided.


To Act Or Not? That Is The Question: Self-Incrimination And The Sole Proprietor, Raymond G. Keenan Jan 1996

To Act Or Not? That Is The Question: Self-Incrimination And The Sole Proprietor, Raymond G. Keenan

Touro Law Review

No abstract provided.


Gift Or Loan Of State Money Jan 1996

Gift Or Loan Of State Money

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.