Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (199)
- Touro University Jacob D. Fuchsberg Law Center (166)
- William & Mary Law School (100)
- University of Michigan Law School (58)
- Washington and Lee University School of Law (54)
-
- UIC School of Law (38)
- University of Oklahoma College of Law (38)
- Yeshiva University, Cardozo School of Law (38)
- West Virginia University (29)
- University of Kentucky (26)
- University of Nebraska - Lincoln (23)
- Maurer School of Law: Indiana University (19)
- Florida State University College of Law (16)
- University of Arkansas Little Rock (16)
- Northwestern Pritzker School of Law (15)
- The University of Akron (15)
- University of Maine School of Law (15)
- Villanova University Charles Widger School of Law (15)
- Roger Williams University (14)
- University of Washington School of Law (14)
- The Catholic University of America, Columbus School of Law (13)
- Cornell University Law School (11)
- Duke Law (11)
- University of Colorado Law School (11)
- University of Richmond (11)
- Vanderbilt University Law School (11)
- Georgetown University Law Center (10)
- Loyola Marymount University and Loyola Law School (10)
- New York Law School (10)
- Brigham Young University Law School (9)
- Keyword
-
- Fourth Amendment (264)
- Fourth amendment (145)
- Privacy (107)
- Search and seizure (97)
- Search and Seizure (96)
-
- Supreme Court (78)
- Probable cause (70)
- Constitutional Law (67)
- United States Constitution 4th Amendment (61)
- Searches and Seizures (60)
- Warrant (55)
- Constitution (53)
- Police (53)
- Constitutional law (50)
- Search (50)
- Exclusionary rule (48)
- Reasonable suspicion (45)
- Evidence (43)
- Fifth Amendment (37)
- Seizure (37)
- Federal (35)
- New York (35)
- Law (33)
- Article I section 12 (32)
- New york constitution (32)
- United states constitution (32)
- Law enforcement (30)
- § 12 (29)
- Arrest (28)
- 4th amendment (27)
- Publication Year
- Publication
-
- Seattle University Law Review (196)
- Touro Law Review (161)
- Michigan Law Review (53)
- Faculty Publications (38)
- UIC Law Review (38)
-
- Faculty Scholarship (36)
- Supreme Court Case Files (31)
- William & Mary Law Review (31)
- West Virginia Law Review (27)
- William & Mary Bill of Rights Journal (27)
- Faculty Articles (25)
- Kentucky Law Journal (25)
- Nebraska Journal on Advancing Justice (22)
- Articles (18)
- Scholarly Articles (18)
- Cardozo Law Review (17)
- Maine Law Review (15)
- University of Arkansas at Little Rock Law Review (15)
- Villanova Law Review (1956 - ) (14)
- Akron Law Review (13)
- Northwestern University Law Review (13)
- Publications (11)
- Cornell Law Faculty Publications (10)
- Georgetown Law Faculty Publications and Other Works (10)
- Loyola of Los Angeles Law Review (10)
- BYU Law Review (9)
- University of Richmond Law Review (9)
- Articles by Maurer Faculty (8)
- Florida State University Law Review (8)
- Oklahoma Law Review (8)
- Publication Type
- File Type
Articles 1021 - 1050 of 1244
Full-Text Articles in Fourth Amendment
Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg
Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg
Michigan Law Review
So while the overnight deliberation rule is at least partially bound up with the question of reliability and relates to the judicial process itself, the broader and more fundamental issue raised by this law is whether we should free the guilty to preserve a value that we deem necessary to proper working of the criminal justice process, regardless of the culpability of individual defendants. To this Judge Friendly's answer is generally no, 113 and the MaHaRaL's is yes.
Confessions, Criminals, And Community, Sheri Lynn Johnson
Confessions, Criminals, And Community, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Abridged Too Far: Anticipatory Search Warrants And The Fourth Amendment, Michael J. Flannery
Abridged Too Far: Anticipatory Search Warrants And The Fourth Amendment, Michael J. Flannery
William & Mary Law Review
No abstract provided.
Alabama V. White: Anonymous Tip Held Sufficient Basis For Investigatory Stop Under Fourth Amendment, 24 J. Marshall L. Rev. 909 (1991), Martin K. Berks
Alabama V. White: Anonymous Tip Held Sufficient Basis For Investigatory Stop Under Fourth Amendment, 24 J. Marshall L. Rev. 909 (1991), Martin K. Berks
UIC Law Review
No abstract provided.
Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack
Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack
UIC Law Review
No abstract provided.
The Verdugo Case: The United States And The Comity Of Nations, Mark Weston Janis
The Verdugo Case: The United States And The Comity Of Nations, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Touro Law Review
No abstract provided.
Reasonable Articulable Suspicion - The Demise Of Terry V. Ohio And Individualized Suspicion, Esther Jeanette Windmueller
Reasonable Articulable Suspicion - The Demise Of Terry V. Ohio And Individualized Suspicion, Esther Jeanette Windmueller
University of Richmond Law Review
The plethora of law review articles and cases on search and seizure demonstrates the confusion and frustration in fourth amendment stop-and-frisk jurisprudence. The fourth amendment to the Constitution guarantees that persons will be free of "unreasonable searches and seizures . . . and no Warrants shall issue but upon probable cause." A "stop-and-frisk" is a warrantless detention and search of a person by a police officer to investigate for unlawfulness. Although the United States Supreme Court has issued many investigative stop decisions, the Court has failed to promulgate a coherent and practical stop-and-frisk procedure for law enforcement personnel to follow. …
Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen
Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen
Articles & Chapters
No abstract provided.
The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya
The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
White On White: Anonymous Tips, Reasonable Suspicion, And The Constitution, David S. Rudstein
White On White: Anonymous Tips, Reasonable Suspicion, And The Constitution, David S. Rudstein
Kentucky Law Journal
No abstract provided.
Anticipatory Search Warrants: Constitutionality, Requirements, And Scope, James A. Adams
Anticipatory Search Warrants: Constitutionality, Requirements, And Scope, James A. Adams
Kentucky Law Journal
No abstract provided.
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
Faculty Scholarship
The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …
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.
Random Drug Testing Of Student Athletes By State Universities In The Wake Of Von Raab And Skinner, Leroy Pernell
Random Drug Testing Of Student Athletes By State Universities In The Wake Of Von Raab And Skinner, Leroy Pernell
Journal Publications
This article will focus on the particularly complicated question of the legality of drug testing at state universities. State universities comprise a significant number of the universities involved in intercollegiate athletics at the major conference level. The state university at the same time is a branch of the state and operates under color of state law. As such, its actions fall under the additional scrutiny of the constitutional principles contained in, and incorporated through, the fourteenth amendment to the United States Constitution. In examining the legal significance of drug testing of student-athletes at a state university, this article will closely …
Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson
Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson
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.
"The Right Of The People To Be Secure...": Toward A Metatheory Of The Fourth Amendment, Thomas E. Baker
"The Right Of The People To Be Secure...": Toward A Metatheory Of The Fourth Amendment, Thomas E. Baker
William & Mary Law Review
No abstract provided.
Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy
Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy
Michigan Law Review
The article will consider four different types of police-obtained evidence: evidence obtained from an unconstitutional search and seizure, evidence obtained from a Miranda violation, confessions and lineup identifications obtained in violation of the sixth amendment right to counsel, and coerced confessions. My conclusions are that evidence obtained from an unconstitutional search and seizure is excluded because of the police misconduct by which it was obtained. On the other hand, evidence obtained from a Miranda violation is (or ought to be) excluded because use of that evidence compromises the defendant's procedural right not to be compelled to be a witness against …
Alien Membership In The Constitutional Compact: Fourth Amendment Reasonableness In Foreign Lands-United States V. Verdugo-Urquidez, Stephen L. Lundwall
Alien Membership In The Constitutional Compact: Fourth Amendment Reasonableness In Foreign Lands-United States V. Verdugo-Urquidez, Stephen L. Lundwall
BYU Law Review
No abstract provided.
Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner
Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner
UIC Law Review
No abstract provided.
Search And Seizure: It's Time The Court Shed Some Light On The Use Of Ultraviolet Lamps, 22 J. Marshall L. Rev. 877 (1989), M. Jeffrey Tucker
Search And Seizure: It's Time The Court Shed Some Light On The Use Of Ultraviolet Lamps, 22 J. Marshall L. Rev. 877 (1989), M. Jeffrey Tucker
UIC Law Review
No abstract provided.
California V. Greenwood: A Trashing Of The Fourth Amendment, Richard H. Taylor
California V. Greenwood: A Trashing Of The Fourth Amendment, Richard H. Taylor
West Virginia Law Review
No abstract provided.
Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, 22 J. Marshall L. Rev. 795 (1989), Clifford S. Fishman
Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, 22 J. Marshall L. Rev. 795 (1989), Clifford S. Fishman
UIC Law Review
No abstract provided.
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 …