Fourth Amendment Commons^™

Criminal Law - Scope Of Lawful Search And Seizure Without Warrant When Incident To Arrest, Richard M. Adams S.Ed.

Michigan Law Review

Acting on information that defendants were engaged in the "numbers racket" in violation of the Michigan gambling laws, police officers picked up three of the defendants in an automobile, took them to the police station, and proceeded to the home of their accomplice, Abbey Clay. On being admitted to the residence, the officers placed Abbey Clay under arrest and, despite her objections, promptly searched the L-shaped room in which they were standing when the arrest was made. Although the officers did not have a search warrant, they looked through defendant's pocketbook, magazine rack, and a cardboard box which was in …

Admissibility Of Evidence Obtained By Unlawful Searches And Seizures, Lawrence L. Lieberman

William and Mary Review of Virginia Law

No abstract provided.

Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed.

Michigan Law Review

The passage in August, 1954 of a federal statute granting immunity under specified conditions to witnesses before congressional committees and in the federal courts marks a third legislative experiment designed to soften the effect of the Fifth Amendment as a limitation on the investigatory power of Congress. The first two attempts were less than successful. This comment will discuss the historical background of immunity legislation, and some possible constitutional pitfalls and problems of construction created by the statutory language.

Search And Seizure Under The Fourth Amendment, William C. Brafford Jr.

Kentucky Law Journal

No abstract provided.

Search And Seizure--Search Of An Automobile Without A Search Warrant, Gardner L. Turner

Kentucky Law Journal

No abstract provided.

Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble

Kentucky Law Journal

No abstract provided.

Evidence - Wiretapping And The Congress, Richard W. Pogue S.Ed.

Michigan Law Review

The familiar cry that "there ought to be a law" is frequently raised concerning the practice which Justice Holmes long ago characterized as "dirty business" - the tapping of telephone wires. Although existing legislation on both federal and state levels deals with interception of telephone messages, the almost universal conclusion of commentators on the subject has been that many of the present day statutes are inadequate. It is particularly apparent that the famous section 605 of the Federal Communications Act of 1934 has long been in need of replacement or thorough revision. The purpose of this comment is to examine …

Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble

Kentucky Law Journal

No abstract provided.

Search Warrants Commanding Search Of The Person, William A. Rice

Kentucky Law Journal

No abstract provided.

Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble

Kentucky Law Journal

No abstract provided.

Constitutional Law-Fourth Amendment-Exclusion Of Contraband Evidence Obtained By An Illegal Search On Premises Not Owned By Defendant, Edgar A. Strause

Michigan Law Review

The defendant was in the unlawful possession of narcotics. Having been given a key by his two aunts to their hotel room with authority to use the room at will, defendant stored the narcotics there without the knowledge of the occupants. A federal officer entered the hotel room, searched the room, and seized the narcotics during the absence of the occupants, without a search warrant. The defendant was arrested the following day and claimed ownership of the seized narcotics. He was convicted in the District Court of the District of Columbia for violation of federal law, the court refusing to …

Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble

Kentucky Law Journal

No abstract provided.

Constitutional Law-Search And Seizure -Inspection Of Private Dwelling By Health Officer Without A Warrant, Robert P. Griffin S. Ed.

Michigan Law Review

A health officer sought to enter and inspect respondent's private home without a search warrant after a neighbor complained that the premises were not "clean and wholesome" as required by a District of Columbia ordinance. Respondent denied the officer permission to enter and refused to unlock the door, maintaining that his entry would violate her constitutional rights. As a result, respondent was convicted in municipal court of violating an ordinance making it a misdemeanor to interfere with or prevent an authorized sanitation inspection. On appeal, reversal of the conviction by the Municipal Court of Appeals was affirmed by the Court …

Administrative Law-Federal Trade Commission-Constitutional And Statutory Authority To Order Additional Compliance Reports, Charles Myneder S. Ed.

Michigan Law Review

Proceeding under section 5 of its organic act, the Federal Trade Commission issued an order requiring defendants to cease and desist from engaging in certain trade practices. The court of appeals, in its decree affirming the order, directed compliance reports to be filed with the commission within a specified time, reserving jurisdiction to enter further orders. Four years after the compliance reports were filed, the commission, on its own motion, ordered additional reports to show continued compliance. Defendants refused to report, challenging the authority of the commission to issue the order. The district court dismissed suit by the commission for …

Constitutional Law-Search And Seizure As An Incident To Lawful Arrest, Zolman Cavitch

Michigan Law Review

Petitioners, suspected of carrying on an illegal lottery, had been under police observation for several months, during which time one of the petitioners maintained a room in a rooming house in the District of Columbia. On the day of the arrest, a police officer, without a warrant, but believing the unlawful lottery to be in operation, climbed through a window of the landlady's room, and admitted two other officers. They proceeded to the petitioner's room, where one of the officers looked through the transom. Seeing the petitioners working on an illegal lottery, the officers entered the room, arrested the petitioners …

Constitutional Law-Search And Seizure, Howard A. Jacobs S.Ed.

Michigan Law Review

The most important step in the development of this constitutional provision came in 1886 in the famous case of Boyd v. United States. There the Court gave life to the Fourth Amendment by recognizing its intimate relation to the Fifth Amendment; thus laying the foundation for the federal rule that the Fifth Amendment protects every person from incrimination by the use of evidence obtained through search or seizure made in violation of his rights under the Fourth Amendment. With the exception of a temporary setback in 1903, this rule, as restated in the Weeks case, has effectively weathered a …

The Constitution Of The United States At The End Of One Hundred Fifty Years, Hugh Evander Willis

Historic Documents

Including the original Constitution, the formal amendments, and that part of the Constitution made by the Supreme Court and custom, as found in the Supreme Court Reports, arranged so far as possible according to the analysis found in the original Constitution.

With an Introduction by Hugh Evander Willis

Indiana University Publications Social Science Series No.1 1939

Constitutional Law - Search And Seizure - Investigative Power Of Federal Trade Commission, Virginia M. Renz

Michigan Law Review

The Federal Trade Commission, acting pursuant to the joint resolution of Congress and the Federal Trade Commission Act, sought a writ of mandamus compelling the corporation to answer questionnaires relating to its total volume of business, net sales, net cost of materials, annual cash salary paid to each officer, etc. This information was demanded as part of a general investigation of the financial condition of agricultural products. The purpose of the investigation was to enable Congress to determine whether new legislation should be enacted or existing legislation amended. Held, the writ of mandamus should be granted. The Fourth Amendment …

Book Review. The History And Development Of The Fourth Amendment To The Constitution Of The United States By Nelson B. Lasson, Framl Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Use Of Evidence Obtained By Illegal Search And Seizure, Hugh H. Broadhurst

Kentucky Law Journal

No abstract provided.

Search And Seizure--Probable Cause For Search Warrant, D. L. Thornton

Kentucky Law Journal

No abstract provided.

The Scope Of The Constitutional Immunity Against Searches And Seizures, John E. F. Wood

West Virginia Law Review

No abstract provided.

The Scope Of The Constitutional Immunity Against Searches And Seizures, John E. F. Wood

West Virginia Law Review

No abstract provided.

Constitutional Law-Searches And Seisures-Distraction Between Searching A Building And An Automobile Without Warrant

Michigan Law Review

An officer observed the odor of boiling mash and fermentation issuing from the dwelling of the defendant. The officer, without warrant, entered the basement and there found the defendant operating two stills. Considerable whiskey was found stored within the room. Defendant was arrested and convicted. On appeal he contended that the search was unlawful. Held, the search without warrant was unreasonable and in violation of the Fourth Amendment to the Federal Constitution. Schroeder v. United States, 14 F. (2d) 500.

Justice And Constables--Civil And Criminal Liability For Unlawful Searches And Seizures, R. T. D.

West Virginia Law Review

No abstract provided.

Our Constitutional Prohibition Against Unreasonable Searches And Seizures, Flem D. Sampson

Kentucky Law Journal

No abstract provided.

Evidence--Admissibility Of Evidence Secured Through Violation Of Constitutional Prohibitions

Michigan Law Review

No other questions are oftener before our courts in these latter days than those which concern the admissibility of evidence objected to under the various constitutional provisions, state and national, providing against unreasonable searches and seizures, and compulsory self-crimination.

Criminal Law--Evidence Obtained By Illegal Search And Seizure, R. M. M.

West Virginia Law Review

No abstract provided.

Constitutional Law--Evidence--Searches And Seizures, H. C. H.

West Virginia Law Review

No abstract provided.

The Admissibility Of Evidence Obtained By Illegal Search And Seizure, G. W. Meuth

Kentucky Law Journal

No abstract provided.