Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (188)
- University of Michigan Law School (104)
- Touro University Jacob D. Fuchsberg Law Center (35)
- William & Mary Law School (13)
- Emory University School of Law (9)
-
- University of Colorado Law School (7)
- Cleveland State University (6)
- University of Miami Law School (6)
- Washington and Lee University School of Law (6)
- Loyola Marymount University and Loyola Law School (5)
- Notre Dame Law School (5)
- UIC School of Law (5)
- University of Richmond (5)
- Maurer School of Law: Indiana University (4)
- Roger Williams University (4)
- St. John's University School of Law (4)
- The University of Akron (4)
- University of Georgia School of Law (4)
- University of Kentucky (4)
- University of the District of Columbia School of Law (4)
- New York Law School (3)
- Penn State Dickinson Law (3)
- Texas A&M University School of Law (3)
- University of Cincinnati College of Law (3)
- University of Oklahoma College of Law (3)
- American University Washington College of Law (2)
- Chicago-Kent College of Law (2)
- Fordham Law School (2)
- Northwestern Pritzker School of Law (2)
- SJ Quinney College of Law, University of Utah (2)
- Keyword
-
- Police (77)
- Fourth Amendment (73)
- United States Supreme Court (71)
- Searches (53)
- Supreme Court (53)
-
- Privacy (42)
- Exclusionary rule (39)
- Constitution (36)
- Probable cause (33)
- Seizures (33)
- Warrant (25)
- Fourth amendment (24)
- Fifth Amendment (22)
- Federal (21)
- Miranda v. Arizona (21)
- Mapp v. Ohio (20)
- Search and seizure (20)
- Evidence (17)
- Search warrants (17)
- Admissibility (15)
- Defendant (15)
- Search (15)
- § 12 (15)
- Law (14)
- Surveillance (14)
- Technology (13)
- Katz v. United States (12)
- Sixth Amendment (12)
- State (12)
- Warren Court (12)
- Publication Year
- Publication
-
- Seattle University Law Review (188)
- Michigan Law Review (51)
- Touro Law Review (33)
- Articles (30)
- University of Michigan Journal of Law Reform (11)
-
- Faculty Articles (9)
- Publications (6)
- Book Chapters (5)
- Cleveland State Law Review (5)
- Faculty Publications (5)
- Loyola of Los Angeles Law Review (5)
- UIC Law Review (5)
- Akron Law Review (4)
- Indiana Law Journal (4)
- Kentucky Law Journal (4)
- Popular Media (4)
- University of Richmond Law Review (4)
- Dickinson Law Review (2017-Present) (3)
- Georgia Law Review (3)
- Journal Articles (3)
- Michigan Law Review Online (3)
- Michigan Telecommunications & Technology Law Review (3)
- Scholarly Articles (3)
- Arkansas Law Review (2)
- Articles & Chapters (2)
- Chicago-Kent Law Review (2)
- Faculty Scholarship (2)
- Fordham Urban Law Journal (2)
- Michigan Journal of Race and Law (2)
- Michigan Law Review First Impressions (2)
- Publication Type
Articles 451 - 472 of 472
Full-Text Articles in Fourth Amendment
The Warren Court And Criminal Procedure, A. Kenneth Pye
The Warren Court And Criminal Procedure, A. Kenneth Pye
Michigan Law Review
On October 5, 1953, Earl Warren became Chief Justice of the United States. During the fifteen years of his tenure as Chief Justice, fundamental changes in criminal procedure have resulted· from decisions of what is popularly called "the Warren Court." There may be a legitimate difference of opinion whether these changes constitute a "criminal law revolution" or merely an orderly evolution toward the application of civilized standards to the trial of persons accused of crime. Whatever the characterization, however, there can be little doubt that the developments of the past fifteen years have unalterably changed the course of .the administration …
Recent Developments In The Law Of Search And Seizure, Jerold H. Israel
Recent Developments In The Law Of Search And Seizure, Jerold H. Israel
Book Chapters
This article is designed to provide a survey of recent decisions dealing with several important issues in the area of search and seizure. It is intended primarily as a basic collection of sources. I have, therefore, sought to keep my own commentary at a minimum and the citations to relevant cases at a maximum. Wherever space permits, I have let the courts speak for themselves. In most instances, however, it has been necessary to provide fairly general descriptions of the cases.
The Georgia Eavesdropping Statute: A Critical Examination In Light Of Berger V. New York, R. W. S., Jr.
The Georgia Eavesdropping Statute: A Critical Examination In Light Of Berger V. New York, R. W. S., Jr.
Georgia Law Review
Mr. Justice Brandeis, dissenting in Olmstead v. United States,2 observed that: Ways may some day be developed by which the Government, without removing papers from secret drawers, can reproduce them in court, and by which it will be enabled to expose to a jury the most intimate occurrences of the home. With the advent of miniaturized circuits and the corresponding subtlety of eavesdropping devices Brandeis' prediction has become a substantial reality. Tubular and parabolic microphones, for example, can intercept conversations held hundreds of yards away and, reportedly, a microwave beam has been developed which can penetrate virtually any obstacle. Wireless …
An Ex Parte Order May Not Serve The Function Of A Search Warrant Under The Fourth Amendment To Authorize A Physical Intrusion In Connection With A "Search" For Conversations--People V. Grossman, Michigan Law Review
Michigan Law Review
There was probable cause to believe that defendant Scandifia was implicated in a larceny of jewelry by false pretenses. Pursuant to section 813-a of the New York Code of Criminal Procedure, the Supreme Court in New York County issued an ex parte order authorizing the installation of an eavesdropping device in a service station owned by Scandifia. Shortly thereafter, police broke into the station's private office and installed a microphone. Conversations were overheard which indicated that defendant Grossman had in his possession two pistols received from Scandifia. An affidavit setting forth these conversations supplied the sole probable cause for a …
The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr.
The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr.
Michigan Law Review
The comments that follow are divided into a brief review, for purposes of perspective, of the elusive nature of "privacy" as developed in American law to date, and an attempted rigorous analysis of the privacy aspects of Griswold. A final section suggests that effectuation of the new constitutional right of marital privacy necessarily or derivatively implies a corollary right of access to birth control information and devices-a right which should have been more clearly articulated by the Court.
Nine Justices In Search Of A Doctrine, Thomas I. Emerson
Nine Justices In Search Of A Doctrine, Thomas I. Emerson
Michigan Law Review
To the ordinary layman, Griswold v. Connecticut seemed easy. But to the lawyer it was somewhat more difficult. The lawyer's problem with the case was that the issues did not readily fit into any existing legal pigeonhole. Actually, there were five possibilities. The case could have been dealt with under the equal protection clause, the first amendment, substantive due process, the right of privacy, or, in extremis, the ninth amendment. In order to strike down the statute under any of these doctrines, however, the Court would be forced to enter uncharted waters. Whatever course the Court took, its action …
Penumbras, Peripheries, Emanations, Things Fundamental And Things Forgotten: The Griswold Case, Paul G. Kauper
Penumbras, Peripheries, Emanations, Things Fundamental And Things Forgotten: The Griswold Case, Paul G. Kauper
Michigan Law Review
The varying theories followed in the several opinions in the Griswold case can be fully understood and appreciated only in the context of the tortuous but fascinating history of the judicial interpretation of the fourteenth amendment.
The Right Of Privacy: Emanations And Intimations, Robert B. Mckay
The Right Of Privacy: Emanations And Intimations, Robert B. Mckay
Michigan Law Review
When Louis Brandeis and Samuel Warren wrote in 1890 of "The Right to Privacy," they sought a means of protecting against unwelcome newspaper attention to social activities in the Warren household. Addressing their argument to the private law of torts, they presumably did not anticipate constitutional protection for other rights under the claim of privacy. Nevertheless, seventy· five years later that concept, now called the "right of privacy," was used by the Supreme Court of the United States in Griswold v. Connecticut to describe a constitutional right. Some members of the Court said the new right was within the "penumbra" …
Privacy In Connecticut, Arthur E. Sutherland
Privacy In Connecticut, Arthur E. Sutherland
Michigan Law Review
Occasionally a judgment of our Supreme Court, delivered in a superficially petty case, suddenly before our startled eyes displays fundamentals of our constitutional theory. Thus, in Griswold v. Connecticut, holding unconstitutional an 1879 Connecticut statute forbidding all persons to use contraceptive devices, the Court found it necessary to discover a "right of privacy" latent in the Bill of Rights and incorporated into the due process clause of the fourteenth amendment. The outcome of the case is satisfying; all nine Justices joined in saying, in one way or another, that Connecticut's statute was nonsense. I am happy to see this …
Evidence Illegally Seized By Private Persons Excluded From Criminal Prosecution--People V. Mccomb, Michigan Law Review
Evidence Illegally Seized By Private Persons Excluded From Criminal Prosecution--People V. Mccomb, Michigan Law Review
Michigan Law Review
At common law, illegally seized evidence was admissible on the theory that the nature of the seizure did not necessarily affect the probative value of the evidence. However, in 1914 the United States Supreme Court, in order to protect the fourth amendment's guarantee of freedom from unreasonable searches and seizures, adopted a rule excluding from federal courts evidence illegally seized by federal officials. In 1961, the scope of this rule was extended by Mapp v. Ohio, which held that all evidence obtained in violation of the fourth amendment is inadmissible in state courts. However, the Mapp doctrine applies only …
Commissioner May Examine Taxpayer's Records For Years Barred By Statute Of Limitations Without Proving Reasonable Suspicion Of Fraud--United States V. Powell, Michigan Law Review
Commissioner May Examine Taxpayer's Records For Years Barred By Statute Of Limitations Without Proving Reasonable Suspicion Of Fraud--United States V. Powell, Michigan Law Review
Michigan Law Review
The Commissioner of Internal Revenue has power to summon witnesses and to examine records in order to ascertain the correctness of a taxpayer's return. If a summons is not obeyed or if the records sought are not produced, the Commissioner may seek enforcement by applying to the proper federal district court. Although the Commissioner's investigative powers are broad, they are not unlimited. In the absence of fraud, he must act within the confines of a three-year statute of limitations. In addition, the Code makes it abundantly clear that taxpayers may not be subjected to unnecessary examinations or investigations and that …
Federal Civil Procedure-Existence Of Federal Cause Of Action For Abuse Of Federal Process, Laurence D. Connor
Federal Civil Procedure-Existence Of Federal Cause Of Action For Abuse Of Federal Process, Laurence D. Connor
Michigan Law Review
Petitioner was served with a subpoena ordering him to appear before the House Committee on Un-American Activities. He subsequently brought an action in federal district court asking for damages and injunctive relief and praying that the subpoena be declared void and of no effect. He alleged it had been signed in blank by the Committee chairman and that respondent, an investigator for the Committee without delegated subpoena power, had filled in petitioner's name without authorization and caused it to be served on him at his place of employment. Petitioner also alleged that respondent intended to subject him to public shame …
Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar
Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar
Michigan Law Review
I am quite distressed by talk that the landmark case of Mapp v. Ohio "suggests by analogy" that the Court may now overrule Betts v. Brady. For whether one talks about the fourth or the sixth amendment, there is much to be said for Justice Harlan's dissenting views in Mapp. "[W]hatever configurations ... have been developed in the particularizing federal precedents" should not be "deemed a part of 'ordered liberty,' and as such ... enforceable against the States .... [W]e would not be true to the Fourteenth Amendment were we merely to stretch the general principle [ of …
The Constitution And Contempt Of Court, Ronald Goldfarb
The Constitution And Contempt Of Court, Ronald Goldfarb
Michigan Law Review
Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …
Criminal Procedure - Search And Seizure - Federal Court Injunction Against State Officer To Suppress Illegally Obtained Evidence In State Court, S. Anthony Benton
Criminal Procedure - Search And Seizure - Federal Court Injunction Against State Officer To Suppress Illegally Obtained Evidence In State Court, S. Anthony Benton
Michigan Law Review
Federal customs enforcement officers suspected plaintiff of theft from a waterfront pier. In the course of their investigation they searched plaintiff's home without a search warrant and detained plaintiff for questioning without first bringing him before a federal commissioner. Both acts violated the Federal Rules of Criminal Procedure. Defendant, a state officer, although not a participant in the search, was present during the illegal detention at the invitation of the federal officers. Plaintiff obtained an order in federal district court enjoining defendant from giving any testimony or producing any evidence in state criminal proceedings against him with respect to property …
Criminal Law - Evidence - Wiretapping, James A. Park
Criminal Law - Evidence - Wiretapping, James A. Park
Michigan Law Review
Suspecting that petitioner and others were violating state narcotics laws, New York police tapped petitioner's telephone pursuant to a warrant obtained in accordance with New York law. Acting upon information thus gained the police apprehended petitioner's brother. In his possession was found, not the narcotics as suspected, but alcohol without the tax stamps required by federal law. This evidence was turned over to federal authorities. Prosecution for possessing and transporting distilled spirits without tax stamps thereon followed, during which petitioner's motion to suppress the evidence obtained through the wiretap was denied. The Second Circuit affirmed the conviction, holding that although …
Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed.
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.
Evidence - Wiretapping And The Congress, Richard W. Pogue S.Ed.
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
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 And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble
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 And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble
Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble
Kentucky Law Journal
No abstract provided.
A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley, Victor H. Lane
A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley, Victor H. Lane
Books
“At the request of the late Judge Cooley I have undertaken the preparation of this edition of the Constitutional Limitations. It seemed desirable, in view of all the circumstances, that the text of the last edition should stand as the text for this, and the work of the present editor has been confined to the bringing of the book down to date, by the addition of such matter to the notes as will fairly present the development of this branch of the law since the publication of the last edition.” --Preface to the Seventh Edition, Victor H. Lane, Ann Arbor, …