Fourth Amendment Commons^™

Constitutional Law-Fourth Amendment-Immigration Checkpoint Stops For Questioning Are Reasonable Without Individualized Suspicion-United States V. Martinez-Fuerte, Russell A. Hakes

BYU Law Review

No abstract provided.

Taxpayer Rights In Noncustodial Irs Investigations After Beckwith V. United States, Curtis L. Christensen

University of Michigan Journal of Law Reform

The recent Supreme Court decision in Beckwith v. United States, holding that Miranda does not extend to noncustodial tax investigations, has important implications with respect to the News Release doctrine and the involuntary consent grounds considered in motions to suppress evidence. This article will examine Beckwith and its potential significance with respect to these other doctrines, discussing the factors which the IRS and the courts should consider in order to assure fair treatment of taxpayers during investigations.

The Constitutionality Of Warrantless Osha Inspections, Thomas Martin

Villanova Law Review (1956 - )

No abstract provided.

The Interception Of Communications Without A Court Order: Title Iii, Consent, And The Expectation Of Privacy, Clifford S. Fishman

Scholarly Articles

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

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.

A Reconsideration Of The Fourth Amendment's Doctrine Of Search Incident To Arrest.Pdf, David Aaronson

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The doctrine of search incident to arrest provides that, as an incident to every lawful full custody arrest, law enforcement officers have an automatic right to conduct a thorough search of the arrestee and the area within his immediate control.' Although the Supreme Court has stated that the search incident to arrest exception to the fourth amendment's general requirement of a search warrant has been "settled from its first enunciation," the doctrine should be reexamined in terms of constitutional jurisprudence.

Constitutional Law - Fourth Amendment - Conduct Of An Effective Foreign Policy Demands That Presidential Power To Conduct Electronic Surveillance For Foreign Affaris Purposes Not Be Subjected To Warrant Requirement, And That Subsequent Judicial Review Be Limited, Mark R. Cuker

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Sources Of The Penumbral Right To Privacy, R. H. Clark

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Fourth Amendment - A Witness May Not Invoke The Exclusionary Rule To Suppress Evidence Before The Grand Jury Or As A Basis For Refusing To Answer Questions Based On Evidence Seized In Violation Of His Fourth Amendment Rights, Leland G. Ripley

Villanova Law Review (1956 - )

No abstract provided.

The Automobile Inventory Search And Cady V. Dombrowski, Robert M. Hall

Villanova Law Review (1956 - )

No abstract provided.

Airport Searches And The Right To Travel: Some Constitutional Questions, Donald Applestein

Cleveland State Law Review

Historically the constitutional right to travel has arisen in two contexts. First, it has arisen within the context of the competing interests of the individual to travel internationally and the interest in national security. The other is that in which an individual wishes to travel to some area, and the government restricts that right in an effort to protect the persons in the area to which the individual wishes to travel. However, under the current airport screening procedures the right to travel may be being restricted or interfered with in another context: prevention and detection of criminal activity. This note …

The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White

Articles

One way to regard what the Supreme Court has done in the cases it has decided under the Fourth Amendment is to say that it has created a specialized discourse of adjudication, a language in which it can talk about and dispose of the repeated conflicts that arise between an officer engaged in the process of crime control and a citizen upon whose freedom or security he intrudes. The events which bring these two figures together are bewildering in their variety and complexity, and the claims on each side are deeply felt and strenuously made. It has not been easy …

Recent Decisions, Stanley D. Miller, G. Cranwell Montgomery, Douglas I. Friedman

Vanderbilt Journal of Transnational Law

Recent Decisions

Admiralty--Maritime Wrongful Death Action--A Maritime Wrongful Death Action for Unseaworthiness Alleging Loss of Support, Services, Society and Funeral Expenses is not Barred by Decedent's Recovery of Damages for Personal Injuries during His Lifetime

Stanley D. Miller

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Constitutional Law--Fourth Amendment Search and Seizure--Without Consent, Warrant or Probable Cause, A Roving Patrol Search of a Vehicle Twenty-Five Miles from Border is an Unreasonable Search and Seizure within Meaning of Fourth Amendment

G. Cranwell Montgomery

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Jurisdiction--Securities Exchange Act of 1934--Section 10(b) applies to Fraudulent Transaction in Unlisted Foreign Securities when the Only Conduct within the United States is the …

Terry And The Pirates: Constitutionality Of Airport Searches And Seizures, James A. Brodsky

Kentucky Law Journal

No abstract provided.

Is The Exclusionary Rule In Failing Health? Some New Data And A Plea Against A Precipitous Conclusion, Bradley C. Canon

Kentucky Law Journal

No abstract provided.

Airport Freight And Passenger Searches: Application Of Fourth Amendment Standards

William & Mary Law Review

No abstract provided.

The Constitution As Positive Law, Richard W. Wright

All Faculty Scholarship

No abstract provided.

Almeida-Sanchez V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Schneckloth V. Bustamonte, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Constitutionality Of The Anti-Hijacking Security System, Abraham Abramovsky

Buffalo Law Review

No abstract provided.

The Privacy Interest Of The Fourth Amendment--Does Mapp V. Ohio Protect It Or Pillage It, Dennis C. Sauter

West Virginia Law Review

No abstract provided.

United States V. United States District Court For The Eastern District Of Michigan, Southern Division, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Search And Seizure--Was The Right Of Privacy Taken To The Cleaners?, Dennis C. Sauter

West Virginia Law Review

No abstract provided.

Constitutional Law - Welfare Law - Welfare Benefits Conditioned Upon Consent To A Warrantless Home Visit Held Not To Violate Fourth Amendment, Brian R. Mckillip

Loyola University Chicago Law Journal

No abstract provided.

Warrantless Searches And Seizures, Mack Allen Player

Scholarly Works

The fourth amendment to the Constitution has two basic clauses. The first, the reasonableness clause, protects the people against unreasonable searches and seizures. The second, the warrant clause, sets forth conditions under which a warrant may issue. Searches and seizures made pursuant to a warrant are, quite obviously, governed by the commands of the warrant clause. However, the effect of the warrant clause upon searches and seizures made without warrants is not clear from the amendment itself, and the Supreme Court has failed to develop a consistent interpretation of the proper role of that clause.

Constitutional Law--Stop And Frisk--Reasonableness Under The Fourth Amendment, John Michael Anderson

West Virginia Law Review

No abstract provided.

Criminal Law - Search And Seizure - Probable Cause Standard And The Informant - Spinelli V. United States, 89 S. Ct. 584 (1969)., Ray C. Stoner

William & Mary Law Review

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Background Of The Fourth Amendment To The Constitution Of The United States, Joseph J. Stengel

University of Richmond Law Review

It is generally agreed that the antecedent history of the Fourth Amendment to the Constitution of the United States is concerned primarily with those events that took place in England and the AmericanColonies in the thirty years immediately preceding the adoption of the Amendment. However, it also seems clear that it was the executive abuse of search and seizure in England throughout the centuries that led to those events. The search for the reason "why" of the Fourth Amendment should then logically begin with the earliest recorded events, statutes and cases involving search and seizure in English history and be …

The Background Of The Fourth Amendment To The Constitution Of The United States, Part Two, Joseph J. Stengel

University of Richmond Law Review

Upon the conclusion of the Constitutional Convention in 1787 and after the proposed Constitution was submitted by Congress to the states for ratification, there arose a clamor concerning the absence of a bill or declaration of rights therein. Scholars have disagreed as to the basis for this controversy. Story says that the demand was "a matter of very exaggerated declamation and party zeal, for the mere purpose of defeating the Constitution." Cooley concludes that leading statesmen made the want of a bill of rights in the Constitution the ground of a "decided, earnest, and formidable opposition to the confirmation of …