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Articles 1 - 30 of 47
Full-Text Articles in Fourth Amendment
Batterers Beware: West Virginia Responds To Domestic Violence With The Probable Cause Warrantless Arrest Statute, Toni L. Harvey
Batterers Beware: West Virginia Responds To Domestic Violence With The Probable Cause Warrantless Arrest Statute, Toni L. Harvey
West Virginia Law Review
No abstract provided.
Does The Fourth Amendment Apply To The Armed Forces?, Fredric I. Lederer, Frederic L. Borch
Does The Fourth Amendment Apply To The Armed Forces?, Fredric I. Lederer, Frederic L. Borch
William & Mary Bill of Rights Journal
No abstract provided.
The Continuing Evolution Of Criminal Constitutional Law In State Courts, S. Carran Daughtrey
The Continuing Evolution Of Criminal Constitutional Law In State Courts, S. Carran Daughtrey
Vanderbilt Law Review
Although early state constitutions were important and ambitious documents for their time, the development of state constitutional law stagnated after the drafting and adoption of the federal constitution., As the doctrine of federalism has resurfaced, however, states have begun to turn to their constitutions to grant more protection for their citizens. The states' criminal constitutional laws have changed significantly and continue to evolve today.
In the 1960s, the Warren Court expanded basic protections for criminal defendants by finding that the Fourteenth Amendment incorporates the Fourth, Fifth, and Sixth Amendments. The Court held that the Eighth Amendment prohibits cruel and unusual …
The Foreign Intelligence Surveillance Act And The Fourth Amendment: Time To Legislate A Criminal Standard For Probable Cause, Joseph M. Teefey Jr.
The Foreign Intelligence Surveillance Act And The Fourth Amendment: Time To Legislate A Criminal Standard For Probable Cause, Joseph M. Teefey Jr.
University of the District of Columbia Law Review
No abstract provided.
Putting The People Back Into The Fourth Amendment, Ronald J. Bacigal
Putting The People Back Into The Fourth Amendment, Ronald J. Bacigal
Law Faculty Publications
This Article attempts to answer such questions by examining the evolution of search-and-seizure law in America. Although the structural nature of decision making embodied in the Bill of Rights has far-ranging implications for that entire document, I limit my consideration to the unique aspects of the Fourth Amendment. In doing so I have followed the suggestion that constitutional interpretation considers a threefold question: "Does the Constitution mean what it was meant to mean, or what it has come to mean, or what it ought to mean?" Part I examines the historical involvement of juries in search-and-seizure cases; Part II considers …
Developing A Meaningful Fourth Amendment Approach To Automobile Investigatory Stops, Andrew J. Pulliam
Developing A Meaningful Fourth Amendment Approach To Automobile Investigatory Stops, Andrew J. Pulliam
Vanderbilt Law Review
Police officers throughout the nation face the practical application of Fourth Amendment' protections in the automobile investigatory stop context daily in a wide variety of settings. Nevertheless, the Supreme Court has yet to articulate a functional analytical approach to automobile investigatory stops. This lack of guidance is particularly troublesome when one considers that the Framers specifically designed the Fourth Amendment to prevent government officials from conducting investigations in an oppressive, unreasonable manner. The problem is not simply theoretical but has manifested itself through confusion in the lower courts. The lack of response from the Court on this issue has left …
A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb
A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
People, Places, And Fourth Amendment Protection: The Application Of Ybarra V. Illinois To Searches Of People Present During The Execution Of Search Warrants On Private Premises, Angela S. Overgaard
People, Places, And Fourth Amendment Protection: The Application Of Ybarra V. Illinois To Searches Of People Present During The Execution Of Search Warrants On Private Premises, Angela S. Overgaard
Loyola University Chicago Law Journal
No abstract provided.
Search And Seizure: People V. Holmes
Search And Seizure: People V. Madera
Search And Seizure: Boyd V. Constantine
Search And Seizure: People V. Bora
Search And Seizure: People V. Goldring
Search And Seizure: In Re Jerry C.
Search And Seizure: People V. Scott
Search And Seizure: People V. Gonzales
From The Battlefront To The Homefront: Infrared Surveillance And The War On Drugs Place Privacy Under Siege, Lynne M. Pochurek
From The Battlefront To The Homefront: Infrared Surveillance And The War On Drugs Place Privacy Under Siege, Lynne M. Pochurek
St. Thomas Law Review
While George Orwell contemplated the realities of modem technology racing ahead with ever increasing speed and thwarting our individual privacy, it is clear that the Framers of the Constitution did not. This technological advancement, coupled with America's overriding concern with fighting the "war on drugs," has immensely compromised the Fourth Amendment to the United States Constitution. Once commanding great respect, this Amendment was "sanctified by a Supreme Court that felt compelled to protect all of us, the innocent and guilty alike, from arbitrary and unlawful government intrusions." Unfortunately, the modem courts have not been faithful in adhering to the Framers' …
Graveyard Robbery In The Omnibus Budget Reconciliation Act Of 1993: A Modern Look At The Constitutionality Of Retroactive Taxes, 27 J. Marshall L. Rev. 775 (1994), Andrew G. Schultz
Graveyard Robbery In The Omnibus Budget Reconciliation Act Of 1993: A Modern Look At The Constitutionality Of Retroactive Taxes, 27 J. Marshall L. Rev. 775 (1994), Andrew G. Schultz
UIC Law Review
No abstract provided.
Pc Peep Show: Computers, Privacy, And Child Pornography, 27 J. Marshall L. Rev. 989 (1994), John C. Scheller
Pc Peep Show: Computers, Privacy, And Child Pornography, 27 J. Marshall L. Rev. 989 (1994), John C. Scheller
UIC Law Review
No abstract provided.
Search And Seizure: People V. Sierra
Time For Direction: The Need For A Clear, Uniform Rule Regarding Searches During Child Abuse Investigations, Patrick E. O'Neill
Time For Direction: The Need For A Clear, Uniform Rule Regarding Searches During Child Abuse Investigations, Patrick E. O'Neill
Kentucky Law Journal
No abstract provided.
When The Cure For The Fourth Amendment Is Worse Than The Disease, Tracey Maclin
When The Cure For The Fourth Amendment Is Worse Than The Disease, Tracey Maclin
UF Law Faculty Publications
No abstract provided.
The "Wrap" On Probable Cause: The Fourth Amendment Contained, Paul L. Kaminsky
The "Wrap" On Probable Cause: The Fourth Amendment Contained, Paul L. Kaminsky
St. Thomas Law Review
Part I of this Note begins by exploring the meaning of probable cause, briefly tracing its development. Part I continues with an examination of how the Supreme Court's interpretation of the Fourth Amendment and the probable cause requirement relates to searches and seizures of containers, specifically, containers that may fall within the Sanders' footnote "exception." The relationship between the Sanders doctrine and that of the "plain view" doctrine will also be examined. In Part II, this Note presents the case of United States v. Prandy-Binett as an example of the above-mentioned doctrinal exceptions to the requirements of the Fourth Amendment …
The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley
The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Bright Lines And Opaque Containers: Searching For Reasonable Rules In Automobile Cases, Stephen J. Bogacz ,Esq.
Bright Lines And Opaque Containers: Searching For Reasonable Rules In Automobile Cases, Stephen J. Bogacz ,Esq.
Touro Law Review
No abstract provided.
People V. Holmes: And Sometimes It's Not A Seizure, Steven A. Pilewski
People V. Holmes: And Sometimes It's Not A Seizure, Steven A. Pilewski
Touro Law Review
No abstract provided.
Search And Seizure: People V. Bialostok
Search And Seizure: People V. Diaz