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Articles 301 - 330 of 347

Full-Text Articles in Fourth Amendment

The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil Jan 1995

The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil

LLM Theses and Essays

Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …


Section 1983 Litigation, Martin A. Schwartz Jan 1995

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein Jan 1995

Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley Jan 1994

The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham Jan 1993

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

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 Jan 1992

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.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro 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 Jan 1991

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.


James V. Illinois: Wither The Exclusionary Rule - Not Quite Yet, 24 J. Marshall L. Rev. 493 (1991), David H. Norris Jan 1991

James V. Illinois: Wither The Exclusionary Rule - Not Quite Yet, 24 J. Marshall L. Rev. 493 (1991), David H. Norris

UIC Law Review

No abstract provided.


Fourth, Fifth, And Sixth Amendments, William E. Hellerstein Jan 1991

Fourth, Fifth, And Sixth Amendments, William E. Hellerstein

Touro Law Review

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.


Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen Jan 1991

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 …


Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks Dec 1990

Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks

Michigan Law Review

Given this vast literature on the good faith exception, little room appears to exist for additional commentary on the propriety of the decision, its theoretical weaknesses or strengths, or what further changes in constitutional criminal procedure it forebodes. This Note will not add to the many voices complaining of the Court's misconstrual of the grounding of the exclusionary rule, nor of its crabbed notion of deterrence. Instead, it accepts, arguendo, the propriety of the exception and its underlying purpose, and then examines the six-year experience with the revised rule. The proliferation of reported applications of the good faith exception …