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Articles 391 - 420 of 466
Full-Text Articles in Constitutional Law
When “Special Needs” Meet Probable Cause: Denying The Devil Benefit Of Law, Gerald S. Reamey
When “Special Needs” Meet Probable Cause: Denying The Devil Benefit Of Law, Gerald S. Reamey
Faculty Articles
Removing laws to pursue the lawbreaker may be well intentioned, but the result is that society is susceptible to the evils those laws protect against. The traditional Fourth Amendment safeguards--probable cause and warrants--have been abandoned due to the development of a reasonableness standard because of the presence of “special needs” that were used to justify searches. The adoption of this alternative approach to Fourth Amendment interpretation was signalled by the truly landmark case of Terry v. Ohio.
By adopting the “reasonableness” analysis, the Supreme Court altered the impact of the exclusionary rule without directly modifying the rule. After Griffin v. …
Power Not Reason: Justice Marshall's Valedictory And The Fourth Amendment In The Supreme Court's 1990 Term , Bruce A. Green
Power Not Reason: Justice Marshall's Valedictory And The Fourth Amendment In The Supreme Court's 1990 Term , Bruce A. Green
Faculty Scholarship
In its 1990 Term, the United States Supreme Court heard five cases involving the Fourth Amendment. In this article, Professor Bruce Green analyzes these five search-and-seizure decisions in light of Justice Marshall's criticism that '[Plower, not reason, is the new currency of this Court's decision-making." He examines the various considerations the Court advances in its Fourth Amendment analysis-interpretive principle, policy, and precedent--and discovers inconsistencies in the importance assigned to each of these considerations in a series of cases decided very close together by virtually the same Justices. Each approach controlled, Professor Green argues, only when it could be said to …
The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman
The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman
Publications
No abstract provided.
In Search Of A Fourth Amendment For The Twenty-First Century, Lewis R. Katz
In Search Of A Fourth Amendment For The Twenty-First Century, Lewis R. Katz
Indiana Law Journal
No abstract provided.
Murray V. United States: The Bell Tolls For The Search Warrant Requirement, Craig M. Bradley
Murray V. United States: The Bell Tolls For The Search Warrant Requirement, Craig M. Bradley
Indiana Law Journal
No abstract provided.
Fourth Amendment, William E. Hellerstein
The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley
The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley
Journal Articles
This Article will, in large part, present its thesis regarding fourth amendment doctrine by employing, as an illustration, a recent application of the current approach by the Seventh Circuit Court of Appeals. In United States v. Torres, the Seventh Circuit held video surveillance constitutional and further found that the judiciary had the authority to issue warrants for such a technique. Although welcomed by prosecutors and law enforcement officials, this decision highlights the absurdity of the current interpretation of the reasonableness clause. Moreover, Torres provides a vehicle through which this Article's historical interpretation can be brought into focus under the cold …
Are State Courts Enforcing The Fourth Amendment? A Preliminary Study, Craig M. Bradley
Are State Courts Enforcing The Fourth Amendment? A Preliminary Study, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Webster V. Doe, Lewis F. Powell, Jr.
Bodily Intrusion In Search Of Evidence: A Study In Fourth Amendment Decisionmaking, Michael G. Rogers
Bodily Intrusion In Search Of Evidence: A Study In Fourth Amendment Decisionmaking, Michael G. Rogers
Indiana Law Journal
No abstract provided.
State Adoption Of Federal Law: Exploring The Limits Of Florida's "Forced Linkage" Amendment, Christopher Slobogin
State Adoption Of Federal Law: Exploring The Limits Of Florida's "Forced Linkage" Amendment, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article examines the "forced linkage" between state and federal provisions that the 1983 amendment establishes in Florida. It concludes that forced linkage is ill-conceived, because it is inimical to state court independence. Accordingly, this article argues, the 1983 amendment to article I, section 12 of the Florida Constitution should be repealed. If not repealed, it should be interpreted to permit Florida courts broad discretion in developing their own stance on search and seizure law. So construed, the amendment would only require Florida courts to abide by those United States Supreme Court opinions that provide (1) an authoritative holding that …
"Wrong But Reasonable": The Fourth Amendment Particularity Requirement After United States V. Leon, Martha Applebaum
"Wrong But Reasonable": The Fourth Amendment Particularity Requirement After United States V. Leon, Martha Applebaum
Fordham Urban Law Journal
This Note analyzes the application of the good-faith exception to search warrant particularity violations under the Fourth Amendment. The question compelled by United States v. Leon and Massachusetts v. Sheppard is when, if ever, a particularity-defective warrant will sustain an officer's "reasonable reliance.'' The Note briefly discusses how "particularity" traditionally has been assessed under the fourth amendment. The author examines the Supreme Court's holding in Massachusetts v. Sheppard, and contrasts several circuit court cases that have applied Sheppard's "objectively reasonable" standard of good faith to warrants involving particularity defects. Finally, the Note concludes that the approach taken by the Second …
Constitutional Concerns In Drug Testing, Gordon J. Beggs
Constitutional Concerns In Drug Testing, Gordon J. Beggs
Journal of Law and Health
*this is not an article, rather a summary of recent case law and authority"
Constitutional Law: Dow Chemical Co. V. United States: Aerial Searches, Business Premises, And The Fourth Amendment, Wade R. Wright
Constitutional Law: Dow Chemical Co. V. United States: Aerial Searches, Business Premises, And The Fourth Amendment, Wade R. Wright
Oklahoma Law Review
No abstract provided.
Criminal Evidence And The Ear Of The Law, Daniel H. Derby
Criminal Evidence And The Ear Of The Law, Daniel H. Derby
Scholarly Works
No abstract provided.
Two Models Of The Fourth Amendment, Craig M. Bradley
Two Models Of The Fourth Amendment, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
California V. Carney, Lewis F. Powell Jr.
California V. Carney, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Inventory Search And The Arrestee's Privacy Expectation, John M. Wray
The Inventory Search And The Arrestee's Privacy Expectation, John M. Wray
Indiana Law Journal
No abstract provided.
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Law Faculty Scholarship
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
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
Constitutional Protection For Private Papers, Craig M. Bradley
Constitutional Protection For Private Papers, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Warrantless Container Searches Under The Automobile And Search Incident Exceptions, Jody Cosgrove
Warrantless Container Searches Under The Automobile And Search Incident Exceptions, Jody Cosgrove
Fordham Urban Law Journal
Warrantless searches of containers had historically been sustained under the exceptions to the fourth amendment protections developed for cases where exigent circumstances require immediate action. The Supreme Court of the United States then limited warantless container searches in United States v. Chadwick and Arkansas v. Sanders but these limitations were subject to various interpretations by the lower courts. This Note examines the various interpretations of these conflicts and their areas of conflict. It then argues for a strict interpretation of the Supreme Court limitations which is more consistent with the traditional exceptions to the fourth amendment's protections against unreasonable searches …
The Four Corners Requirement: A Constitutional Prerequisite To Search Warrant Validity, Patrick C. Mcginley
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
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.
Nelson V. State, 319 So. 2d 154 (Fla. 2d Dist. Ct. App. 1975), Randall O. Reder
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.
The Constitutionality Of Warrantless Osha Inspections, Thomas Martin
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
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.