Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Procedure (43)
- Criminal Law (37)
- Constitutional Law (36)
- Privacy Law (21)
- Law Enforcement and Corrections (18)
-
- Civil Rights and Discrimination (15)
- Science and Technology Law (13)
- Evidence (11)
- Law and Race (9)
- Law and Society (8)
- Immigration Law (7)
- Other Law (6)
- Jurisprudence (5)
- Internet Law (4)
- National Security Law (4)
- Courts (3)
- Law and Politics (3)
- State and Local Government Law (3)
- Civil Law (2)
- Computer Law (2)
- First Amendment (2)
- Fourteenth Amendment (2)
- Judges (2)
- Social and Behavioral Sciences (2)
- Supreme Court of the United States (2)
- Bankruptcy Law (1)
- Civil Procedure (1)
- Communications Law (1)
- Institution
-
- Boston University School of Law (28)
- Penn State Dickinson Law (21)
- Columbia Law School (17)
- University of Maryland Francis King Carey School of Law (13)
- Brooklyn Law School (12)
-
- Duke Law (10)
- Mitchell Hamline School of Law (7)
- California Western School of Law (5)
- Texas A&M University School of Law (5)
- Barry University School of Law (3)
- Fordham Law School (3)
- University of New Mexico (2)
- Brigham Young University Law School (1)
- Nova Southeastern University (1)
- Western New England University (1)
- Keyword
-
- Fourth Amendment (56)
- Privacy (22)
- Search and seizure (18)
- Fourth amendment (17)
- Criminal procedure (11)
-
- Searches and seizures (9)
- Constitutional Law (7)
- Constitutional law (7)
- Police (7)
- Surveillance (7)
- Criminal Procedure (6)
- Supreme Court (6)
- Exclusionary Rule (5)
- Terry v. Ohio (5)
- United States v. Jones (5)
- Criminal law (4)
- DNA databases (4)
- Law enforcement (4)
- Probable cause (4)
- Racial justice (4)
- Search and Seizure (4)
- Technology (4)
- Arrest (3)
- Criminal Law and Procedure (3)
- Exclusionary rule (3)
- Fifth Amendment (3)
- Immigration enforcement (3)
- Police violence (3)
- Pretext (3)
- Privacy law (3)
Articles 121 - 129 of 129
Full-Text Articles in Fourth Amendment
Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager
Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager
Faculty Scholarship
This Article is about the misunderstood relationship between the Fourth Amendment and the positive law. It shows how state property law and other expressions of the positive law are more resilient and useful to Fourth Amendment analysis than the Court's decisions of the past three decades recognize.
Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor C. Romero
Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor C. Romero
Faculty Scholarship
This Note rejects the Court's approach to the Fourth Amendment in Lopez and Verdugo and attempts to redefine the boundaries of Fourth Amendment protections for undocumented immigrants. Part I examines the impact of the Lopez and Verdugo decisions upon undocumented immigrants' Fourth Amendment rights. Part II evaluates the arguments for extending Fourth Amendment protections to undocumented immigrants. Viewing the Fourth Amendment as a restriction on government intrusion, Part III examines the constitutional remedies available to undocumented immigrants. This part rejects the Lopez restrictions on the applicability of the exclusionary rule and concludes that the Fourth Amendment neither draws distinctions among …
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
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 …
Solving The Pretext Puzzle: The Importance Of Ulterior Motives And Fabrications In The Supreme Court's Fourth Amendment Pretext Doctrine, Edwin J. Butterfoss
Solving The Pretext Puzzle: The Importance Of Ulterior Motives And Fabrications In The Supreme Court's Fourth Amendment Pretext Doctrine, Edwin J. Butterfoss
Faculty Scholarship
This Article first analyzes the debate between Professors John M. Burkoff and James B. Haddad over the current state of Supreme Court jurisprudence on the pretext issue. It shows that the Supreme Court's definition of pretext is broader than the definition of pretext used by these commentators. The Supreme Court's definition includes both "legal" and fabricated pretexts. In a "legal" pretext, the government offers a justification that is not the true reason for the police activity, but that, if the motivation of the officer is not considered, legally justifies the activity. In a fabricated pretext, the government offers a justification …
Bright Line Seizures: The Need For Clarity In Determining When Fourth Amendment Activity Begins, Edwin J. Butterfoss
Bright Line Seizures: The Need For Clarity In Determining When Fourth Amendment Activity Begins, Edwin J. Butterfoss
Faculty Scholarship
This Article proposes that the Mendenhall-Royer standard, as presently interpreted, should be discarded because it is unworkable and fails to strike the appropriate balance between the liberty interests of citizens and the interest of the state in combatting crime. The test is unworkable because the outcomes of cases turn on subtle factual distinctions unrelated to an individual's actual freedom to end an encounter with a police officer, making it difficult for police officers to apply the standard in the field and adjust their conduct accordingly. Moreover, the standard provides insufficient protection for an individual's rights by failing to consider the …
State Constitutions, Freedom Of Expression, And Search And Seizure: Prospects For State Court Reincarnation, Sue Davis, Taunya Lovell Banks
State Constitutions, Freedom Of Expression, And Search And Seizure: Prospects For State Court Reincarnation, Sue Davis, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
The Burger Court And The Fourth Amendment, Larry Yackle
The Burger Court And The Fourth Amendment, Larry Yackle
Faculty Scholarship
In his 1974 Holmes Lectures, Anthony Amsterdam likened the Supreme Court in search and seizure cases to a committee "attempting to draft a horse by placing very short lines on a very large drawing board at irregular intervals during which the membership of the committee constantly changes." On that perception of the matter he cautioned against precipitous criticism when the completed draft resembles a camel. That advice, in my judgment, is reliable only in part. On the one hand, only the most arrogant of armchair critics would not concede that the Court's work is as difficult as it is important. …
Search And Seizure Of The Media: A Statutory, Fourth Amendment And First Amendment Analysis, James S. Liebman
Search And Seizure Of The Media: A Statutory, Fourth Amendment And First Amendment Analysis, James S. Liebman
Faculty Scholarship
On the evening of October 10, 1974, police appeared at radio station KPFK-FM in Los Angeles with a warrant authorizing them to search the premises for a New World Liberation Front (NWLF) "communique" that took credit for a recent bombing. The officers conducted an intensive 8-hour search-combing files, listening to tapes, and looking through reporters' notes – finally concluding that the NWLF letter was not at the station. The KPFK search warrant was one of six that California law enforcement officials have executed at press offices since 1972. The circumstances surrounding the incident illustrate the rationale behind the recent development …
The Fourth Amendment At The Airport: Arriving, Departing Or Cancelled?, Joel Gora
The Fourth Amendment At The Airport: Arriving, Departing Or Cancelled?, Joel Gora
Faculty Scholarship
No abstract provided.