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Fourth Amendment Commons™

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Touro University Jacob D. Fuchsberg Law Center

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Articles 61 - 90 of 198

Full-Text Articles in Fourth Amendment

Appellate Division, First Department, Koeiman V. New York, Gennaro Savastano May 2014

Appellate Division, First Department, Koeiman V. New York, Gennaro Savastano

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Burton, Diane Matero May 2014

Court Of Appeals Of New York, People V. Burton, Diane Matero

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Moore, Gennaro Savastano May 2014

Court Of Appeals Of New York, People V. Moore, Gennaro Savastano

Touro Law Review

No abstract provided.


Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman May 2014

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.


Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah May 2014

Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah

Touro Law Review

No abstract provided.


Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman May 2014

Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman

Touro Law Review

No abstract provided.


Recent Developments In The Use Of Excessive Force By Law Enforcement, Karen M. Blum, Jack Ryan Apr 2014

Recent Developments In The Use Of Excessive Force By Law Enforcement, Karen M. Blum, Jack Ryan

Touro Law Review

No abstract provided.


Privacy In Social Media: To Tweet Or Not To Tweet?, Tara M. Breslawski Mar 2014

Privacy In Social Media: To Tweet Or Not To Tweet?, Tara M. Breslawski

Touro Law Review

No abstract provided.


It's Reasonable To Expect Privacy When Watching Adult Videos, Matthew Leonhardt Mar 2014

It's Reasonable To Expect Privacy When Watching Adult Videos, Matthew Leonhardt

Touro Law Review

No abstract provided.


Fourth Amendment Right To Privacy With Respect To Bank Records In Criminal Cases, Francesca M. Brancato Mar 2014

Fourth Amendment Right To Privacy With Respect To Bank Records In Criminal Cases, Francesca M. Brancato

Touro Law Review

No abstract provided.


You Do Not Have The Right To Remain Drunk: Expanding The Scope Of Implied Consent Through Fifth Amendment Voluntariness Standards, Avi Goldstein Mar 2014

You Do Not Have The Right To Remain Drunk: Expanding The Scope Of Implied Consent Through Fifth Amendment Voluntariness Standards, Avi Goldstein

Touro Law Review

No abstract provided.


You Have The Right To Be Free From Unwanted Bodily Intrusion--Unless Of Course There Is A Court Order, Tara Laterza Mar 2014

You Have The Right To Be Free From Unwanted Bodily Intrusion--Unless Of Course There Is A Court Order, Tara Laterza

Touro Law Review

No abstract provided.


The Blueprint: Critiques Of The Fingerprint And Abandonment Paradigms Utilized To Reject An Expectation Of Privacy In Dna, Avi Goldstein Mar 2014

The Blueprint: Critiques Of The Fingerprint And Abandonment Paradigms Utilized To Reject An Expectation Of Privacy In Dna, Avi Goldstein

Touro Law Review

No abstract provided.


Locked Glove Compartments: Searchable Or Stash Spots?, Evan Levtow Mar 2014

Locked Glove Compartments: Searchable Or Stash Spots?, Evan Levtow

Touro Law Review

No abstract provided.


A Delayed Search Of An Automobile Makes For An Unconstitutional Seizure, Sean J. Mcgowan Mar 2014

A Delayed Search Of An Automobile Makes For An Unconstitutional Seizure, Sean J. Mcgowan

Touro Law Review

No abstract provided.


Nuance, Technology, And The Fourth Amendment: A Response To Predictive Policing And Reasonable Suspicion, Fabio Arcila Jr. Jan 2014

Nuance, Technology, And The Fourth Amendment: A Response To Predictive Policing And Reasonable Suspicion, Fabio Arcila Jr.

Scholarly Works

In an engaging critique, Professor Arcila finds that Professor Ferguson is correct in that predictive policing will likely be incorporated into Fourth Amendment law and that it will alter reasonable suspicion determinations. But Professor Arcila also argues that the potential incorporation of predictive policing reflects a larger deficiency in our Fourth Amendment jurisprudence and that it should not be adopted because it fails to adequately consider and respect a broader range of protected interests.


When School Is Not In Session: How Student Drug Testing Can Transform Parenting, Amanda R. Lamberson Oct 2013

When School Is Not In Session: How Student Drug Testing Can Transform Parenting, Amanda R. Lamberson

Touro Law Review

This comment focuses on a growing trend in today's schools: requiring drug tests. A focus is given both to the judiciary's role in this matter and the Legislature's passage of New York Education Law section 912-a, 10 which regulates student drug testing and urine analysis.


Striking A Balance: The Speech Or Debate Clause’S Testimonial Privilege And Policing Government Corruption, Jay Rothrock Jun 2013

Striking A Balance: The Speech Or Debate Clause’S Testimonial Privilege And Policing Government Corruption, Jay Rothrock

Touro Law Review

No abstract provided.


Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman Feb 2013

Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman

Touro Law Review

No abstract provided.


Supreme Court Fortifies Qualified Immunity For Law Enforcement Officers In Warrant Cases, Martin Schwartz Jan 2013

Supreme Court Fortifies Qualified Immunity For Law Enforcement Officers In Warrant Cases, Martin Schwartz

Scholarly Works

This article analyzes the significance of the United States Supreme Court decision in Messerschmidt v. Millender, 132 S.Ct. 1652 (2012), upon §1983 Fourth Amendment claims asserted against state and local law enforcement officers who apply for and enforce warrants. Millender held that police officers who sought and executed a very broad warrant authorizing them to search a residence for guns and gang related material were protected by qualified immunity. The author asserts that §1983 plaintiffs, who seek to recover damages based upon either the application or execution of an allegedly unconstitutional warrant, will now have to overcome various layers of …


Supreme Court Holds Grand Jury Witnesses Absolutely Immune From § 1983 Liability, Martin Schwartz Jan 2013

Supreme Court Holds Grand Jury Witnesses Absolutely Immune From § 1983 Liability, Martin Schwartz

Scholarly Works

This article discusses the Supreme Court's ruling in Rehberg v. Paulk, 132 S. Ct. 1497 (2012), which extended the absolute witness immunity recognized in Briscoe v. LaHue, to grand jury witnesses. In an unanimous opinion, written by Justice Samuel A. Alito, Jr., the Court held that grand jury witnesses are absolutely immune from §1983 liability for their testimony, and even for conspiring to give false testimony.


Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum Dec 2012

Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum

Touro Law Review

No abstract provided.


Court Of Appeals Of New York – People V. Hall, Christopher Shishko Dec 2012

Court Of Appeals Of New York – People V. Hall, Christopher Shishko

Touro Law Review

No abstract provided.


Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince Aug 2012

Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince

Touro Law Review

No abstract provided.


Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas Aug 2012

Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas

Touro Law Review

No abstract provided.


Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell Aug 2012

Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell

Touro Law Review

No abstract provided.


Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose Aug 2012

Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose

Touro Law Review

No abstract provided.


Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman Jul 2012

Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman

Touro Law Review

No abstract provided.


The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen Jul 2012

The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen

Touro Law Review

No abstract provided.


It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier Jul 2012

It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier

Touro Law Review

No abstract provided.