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Articles 91 - 120 of 124
Full-Text Articles in Criminal Procedure
Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. King
Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. King
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine
Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Queens County: People V. Brewer
Search And Seizure, Supreme Court, Queens County: People V. Brewer
Touro Law Review
No abstract provided.
The Police, Pretextual Investigatory Activity, And The Fourth Amendment: What Hath Whren Wrought, Mark M. Dobson
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.
Section 1983 Litigation, Martin A. Schwartz
When Terry Met Miranda: Two Constitutional Doctrines Collide, Mark A. Godsey
When Terry Met Miranda: Two Constitutional Doctrines Collide, Mark A. Godsey
Faculty Articles and Other Publications
No abstract provided.
From The Battlefront To The Homefront: Infrared Surveillance And The War On Drugs Place Privacy Under Siege, Lynne M. Pochurek
From The Battlefront To The Homefront: Infrared Surveillance And The War On Drugs Place Privacy Under Siege, Lynne M. Pochurek
St. Thomas Law Review
While George Orwell contemplated the realities of modem technology racing ahead with ever increasing speed and thwarting our individual privacy, it is clear that the Framers of the Constitution did not. This technological advancement, coupled with America's overriding concern with fighting the "war on drugs," has immensely compromised the Fourth Amendment to the United States Constitution. Once commanding great respect, this Amendment was "sanctified by a Supreme Court that felt compelled to protect all of us, the innocent and guilty alike, from arbitrary and unlawful government intrusions." Unfortunately, the modem courts have not been faithful in adhering to the Framers' …
The "Wrap" On Probable Cause: The Fourth Amendment Contained, Paul L. Kaminsky
The "Wrap" On Probable Cause: The Fourth Amendment Contained, Paul L. Kaminsky
St. Thomas Law Review
Part I of this Note begins by exploring the meaning of probable cause, briefly tracing its development. Part I continues with an examination of how the Supreme Court's interpretation of the Fourth Amendment and the probable cause requirement relates to searches and seizures of containers, specifically, containers that may fall within the Sanders' footnote "exception." The relationship between the Sanders doctrine and that of the "plain view" doctrine will also be examined. In Part II, this Note presents the case of United States v. Prandy-Binett as an example of the above-mentioned doctrinal exceptions to the requirements of the Fourth Amendment …
The Right Of The People To Be Secure, Ronald J. Bacigal
The Right Of The People To Be Secure, Ronald J. Bacigal
Law Faculty Publications
Part I of this Article defines searches and seizures of property and person, discussing the Supreme Court's initially broad interpretation of the Fourth Amendment and its subsequent narrowing in later decisions. Part II discusses several police "chase cases" leading up to the elimination of accidental and attempted seizures from Fourth Amendment protection in Brower v. County of Inyo and California v. Hodari D. Part Ill analyzes the Brower decision and its effect on accidental seizures, concluding that the analysis set forth therein should be abolished and advocating an alternate test. Part IV confronts the Court's elimination of attempted seizures from …
A Quiet Year: The Supreme Court's Criminal Law Decisions During The 1991 Term, William E. Hellerstein
A Quiet Year: The Supreme Court's Criminal Law Decisions During The 1991 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox
Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox
Touro Law Review
No abstract provided.
The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar
The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar
Articles
"The history of liberty," Justice Felix Frankfurter once noted, "has largely been the history of observance of procedural safeguards" and "the history of the destruction of liberty," Professor Anthony Amsterdam has added, "has largely been the history of the relaxation of those safeguards in the face of plausible sounding governmental claims of a need to deal with widely frightening and emotion freighted threats to the good order of society." These plausible-sounding government claims are being heard today -and they are putting enormous pressure on the Fourth Amendment, the constitutional provision that protects "the right of the people to be secure …
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Touro Law Review
No abstract provided.
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Touro Law Review
No abstract provided.
Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich
Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich
Touro Law Review
No abstract provided.
Criminal Procedure—Exclusionary Rule—No Good Faith Exception To The Arkansas Rules Of Criminal Procedure, Dale Scroggins
Criminal Procedure—Exclusionary Rule—No Good Faith Exception To The Arkansas Rules Of Criminal Procedure, Dale Scroggins
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Procedure—Search Warrants—The Totality Of The Circumstances Test For Determination Of Probable Cause Is Adopted, Nancy Jane Willbanks
Criminal Procedure—Search Warrants—The Totality Of The Circumstances Test For Determination Of Probable Cause Is Adopted, Nancy Jane Willbanks
University of Arkansas at Little Rock Law Review
No abstract provided.
Electronic Surveillance, Computers, And The Fourth Amendment - The New Telecommunications Environment Calls For Reexamination Of Doctrine, Arthur R. Landever
Electronic Surveillance, Computers, And The Fourth Amendment - The New Telecommunications Environment Calls For Reexamination Of Doctrine, Arthur R. Landever
Law Faculty Articles and Essays
We are in the midst of a revolution in information collection and telecommunications. Computer networking, the unification of the various telecommunications systems, the establishment of central data banks, and government tracking and profiling of vast numbers of Americans present momentous challenges for our constitutional system. Increasingly, in our evolving culture, an individual enters the public setting in order to conduct his personal life. Fourth Amendment doctrine respecting electronic surveillance, as well as Supreme Court notions of "free choice" and "assumption of risk" must come to grips with this new reality. In the main, the author urges judicial intervention, as the …
Criminal Procedure—Supreme Court Defines Scope Of Automobile Exception To Fourth Amendment Warrant Requirement, Michael Schneider
Criminal Procedure—Supreme Court Defines Scope Of Automobile Exception To Fourth Amendment Warrant Requirement, Michael Schneider
University of Arkansas at Little Rock Law Review
No abstract provided.
In Defense Of The Fourth Amendment Exclusionary Rule—A Reply To Attorney General Smith, John Wesley Hall Jr.
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.
Search And Seizure, William R. Wilson Jr.
Search And Seizure, William R. Wilson Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John
Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John
Cleveland State Law Review
This Note analyzes the development of these warrantless container search and seizure exceptions to furnish a comprehensive review of their justifications. The major focus is on the underlying rationale of Belton and Ross and the possible ramifications of such far-reaching warrant exceptions. The Note recommends that state courts interpret their state constitutions to allow the less drastic alternative of warrantless seizures of certain containers rather than warrantless searches as permitted by Belton and Ross under the federal Constitution. In addition, an analytic methodology for isolating interrelated yet distinct search and seizure questions is proposed. Initially, a general background of fourth …
Search And Seizure—Administrative Law—Warrantless Inspection Provision Of The Federal Mine Safety And Health Act Of 1977 Held Constitutional, Bruce D. Maloch
Search And Seizure—Administrative Law—Warrantless Inspection Provision Of The Federal Mine Safety And Health Act Of 1977 Held Constitutional, Bruce D. Maloch
University of Arkansas at Little Rock Law Review
No abstract provided.
Summer V. Mata: Twilight's Last Gleaming For Federal Habeas Corpus Review Of State Court Convictions - Speculations On The Future Of The Great Writ, Jason G. Reynolds
Summer V. Mata: Twilight's Last Gleaming For Federal Habeas Corpus Review Of State Court Convictions - Speculations On The Future Of The Great Writ, Jason G. Reynolds
University of Arkansas at Little Rock Law Review
No abstract provided.