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- Fourth Amendment (264)
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Articles 1051 - 1080 of 1244
Full-Text Articles in Fourth Amendment
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Touro Law Review
No abstract provided.
Fourth Amendment, William E. Hellerstein
Arizona V. Hicks: Probable Cause Requirement Under The Plain View Doctrine, 21 J. Marshall L. Rev. 903 (1988), Robert J. Kuker
Arizona V. Hicks: Probable Cause Requirement Under The Plain View Doctrine, 21 J. Marshall L. Rev. 903 (1988), Robert J. Kuker
UIC Law Review
No abstract provided.
Justice Kelleher And The Constitutions, Robert B. Kent
Justice Kelleher And The Constitutions, Robert B. Kent
Cornell Law Faculty Publications
No abstract provided.
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.
Technologically Enhanced Visual Surveillance And The Fourth Amendment: Sophistication, Availability And The Expectation Of Privacy, Clifford S. Fishman
Technologically Enhanced Visual Surveillance And The Fourth Amendment: Sophistication, Availability And The Expectation Of Privacy, Clifford S. Fishman
Scholarly Articles
Since 1983, however, seven Supreme Court decisions have focused at least in part upon application of the Fourth Amendment to technological enhancement of, or technological substitution for, visual surveillance: United States v. Dunn and Texas v. Brown (artificial illumination); United States v. Knotts and United States v. Karo (electronic tracking devices); California v. Ciraolo9 and Florida v. Riley (aerial surveillance); and Dow Chemical Co. v. United States (image-magnifying aerial photography). Reaction to many of these decisions has been highly critical.
In six of the seven cases, investigators refrained from intruding physically into a location protected by the Fourth Amendment. The …
Federalism, Separation Of Powers, And Individual Liberties, Dennis G. Lagory
Federalism, Separation Of Powers, And Individual Liberties, Dennis G. Lagory
Vanderbilt Law Review
In a world that the Framers hardly could have anticipated, the Constitution remains a singularly effective instrument for the pres- ervation of individual liberty. In its allocation of power between the states and the federal government, it provides Americans with multiple champions of their rights--the federal government, which protects a liberty that is constantly evolving to adapt traditional values to new realities, and the state governments, which protect the basic liberties to which mankind has always been entitled. In its allocation of power between the branches of the federal government, the Constitution provides us with a polity possessing powers adequate …
Webster V. Doe, Lewis F. Powell, Jr.
California V. Greenwood, Lewis F. Powell Jr.
California V. Greenwood, Lewis F. Powell Jr.
Supreme Court Case Files
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 …
City Of Palm Bay V. Bauman, 475 So. 2d 1322 (5th Dca 1985), Wm. Andrew Hamilton
City Of Palm Bay V. Bauman, 475 So. 2d 1322 (5th Dca 1985), Wm. Andrew Hamilton
Florida State University Law Review
Constitutional Law-DRUG TESTING OF FLORIDA'S PUBLIC EMPLOYEES: WHEN MAY A PUBLIC EMPLOYER REQUIRE URINALYSIS?
Police Encouragement And The Fourth Amendment, 20 J. Marshall L. Rev. 661 (1987), Barry D. Green
Police Encouragement And The Fourth Amendment, 20 J. Marshall L. Rev. 661 (1987), Barry D. Green
UIC Law Review
No abstract provided.
Interception Of Communications In Exigent Circumstances: The Fourth Amendment, Federal Legislation, And The United States Department Of Justice, Clifford S. Fishman
Interception Of Communications In Exigent Circumstances: The Fourth Amendment, Federal Legislation, And The United States Department Of Justice, Clifford S. Fishman
Scholarly Articles
Part I briefly reviews basic Fourth Amendment case law regulating searches and seizures, summarizes the exigent circumstances doctrine, and discusses the applicability of that doctrine to electronic surveillance of communications. Part II outlines Title III's requirements for a "standard" (non-emergency, non-roving) interception order, including what the application and order must contain, and how such an order must be executed. Part III studies the emergency surveillance provision of Title III and reviews Justice Department policies and practices in implementing that provision. Part IV analyzes the new roving intercept provision, discusses its constitutionality, and looks at some practical problems that may arise …
Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin
Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin
Touro Law Review
No abstract provided.
Colorado V. Bertine, Lewis F. Powell Jr.
Colorado V. Bertine, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Arizona V. Hicks, Lewis F. Powell Jr.
Griffin V. Wisconsin, Lewis F. Powell Jr.
Griffin V. Wisconsin, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas
Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas
University of Arkansas at Little Rock Law Review
No abstract provided.
State V. Delaurier: Privacy Rights And Cordless Telephones - The Fourth Amendment Is Put On Hold, 19 J. Marshall L. Rev. 1087 (1986), Donald Battaglia
State V. Delaurier: Privacy Rights And Cordless Telephones - The Fourth Amendment Is Put On Hold, 19 J. Marshall L. Rev. 1087 (1986), Donald Battaglia
UIC Law Review
No abstract provided.
Administrative Search And Seizure Whither The Warrant, Jack M. Kress, Carole D. Iannelli
Administrative Search And Seizure Whither The Warrant, Jack M. Kress, Carole D. Iannelli
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law-Fourth Amendment-Use Of Deadly Force To Seize Fleeing Felony Suspects (Tennessee V. Garner), Georgia Mcmillen
Constitutional Law-Fourth Amendment-Use Of Deadly Force To Seize Fleeing Felony Suspects (Tennessee V. Garner), Georgia Mcmillen
NYLS Journal of Human Rights
No abstract provided.
Dui Roadblocks: Drunk Drivers Take A Toll On The Fourth Amendment, 19 J. Marshall L. Rev. 983 (1986), Lazaro Fernandez
Dui Roadblocks: Drunk Drivers Take A Toll On The Fourth Amendment, 19 J. Marshall L. Rev. 983 (1986), Lazaro Fernandez
UIC Law Review
No abstract provided.
Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner
Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner
UIC Law Review
No abstract provided.
Arrest, James Boyd White
Arrest, James Boyd White
Book Chapters
The constitutional law of arrest governs every occasion on which a government officer interferes with an individual’s freedom, from full-scale custodial arrests at one end of the spectrum to momentary detentions at the other. Its essential principle is that a court, not a police officer or other executive official, shall ultimately decide whether a particular interference with the liberty of an individual is justified. The court may make this judgment either before an arrest, when the police seek a judicial warrant authorizing it, or shortly after an arrest without a warrant, in a hearing held expressly for that purpose. The …
The Exclusionary Rule: A Disputation, Peter Lushing
The Exclusionary Rule: A Disputation, Peter Lushing
Cardozo Law Review
Four-thirty p.m.: the lawyer's decompression hour. Court has just adjourned. The belligerents and (dare we say it) a judge or two recuperate in saloons close by the courthouse; their families can wait. In one tavern, a rear booth is about to be occupied by Mark earnest young county prosecutor. Mark is on the verge of that time when a criminal lawyer begins to doubt the sanity of the system and, perforce, his own integrity. He will be joined by Sam, a born defense counsel. Sam secretly worships America's criminal justice system for its holy commitment to procedural regularity. He has …
California V. Ciraolo, Lewis F. Powell Jr.
California V. Ciraolo, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Road To Exclusion Is Paved With Bad Intentions: A Bad Faith Corollary To The Good Faith Exception, Ronald J. Bacigal
The Road To Exclusion Is Paved With Bad Intentions: A Bad Faith Corollary To The Good Faith Exception, Ronald J. Bacigal
West Virginia Law Review
No abstract provided.
Closing The "Open Fields" Question: Oliver V. United States, Brian K. Jorgensen
Closing The "Open Fields" Question: Oliver V. United States, Brian K. Jorgensen
BYU Law Review
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.
Property And Personal Privacy: Interrelationship, Abandonment And Confusion In The Path Of Judicial Review, 18 J. Marshall L. Rev. 847 (1985), Kenneth Mott, Lovette Mott
Property And Personal Privacy: Interrelationship, Abandonment And Confusion In The Path Of Judicial Review, 18 J. Marshall L. Rev. 847 (1985), Kenneth Mott, Lovette Mott
UIC Law Review
No abstract provided.