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Articles 31 - 60 of 107
Full-Text Articles in Fourth Amendment
The Conversational Consent Search: How “Quick Look” And Other Similar Searches Have Eroded Our Constitutional Rights, Alexander A. Mikhalevsky
The Conversational Consent Search: How “Quick Look” And Other Similar Searches Have Eroded Our Constitutional Rights, Alexander A. Mikhalevsky
Georgia State University Law Review
One area in which law enforcement agencies have stretched constitutional limits concerns the scope of a suspect’s consent to search his or her vehicle. Police forces across the country have tested the limits of consent by asking vague, conversational questions to suspects with the goal of obtaining a suspect’s consent to search, even though that individual may not want to allow the search or may not know that he or she has the right to deny consent.
Conversational phrases like “Can I take a quick look?” or “Can I take a quick look around?” have “emerg[ed] as . . . …
53rd Henry J. Miller Distinguished Lecture Series, The Hon. Justice John Paul Stevens
53rd Henry J. Miller Distinguished Lecture Series, The Hon. Justice John Paul Stevens
Georgia State University Law Review
Remarks by the Honorable John Paul Stevens, Retired Associate Justice of the Supreme Court of the United States, at the 53rd Henry J. Miller Distinguished Lecture Series.
United States Of America, Plaintiff-Appellee, V. Charles Williams Jr., Defendant-Appellant: Brief Of Appellant, Gregory Davis, Patricia E. Roberts, Brittany Sadler, Andrew L. Steinberg, Tillman J. Breckenridge, Thomas W. Ports Jr.
United States Of America, Plaintiff-Appellee, V. Charles Williams Jr., Defendant-Appellant: Brief Of Appellant, Gregory Davis, Patricia E. Roberts, Brittany Sadler, Andrew L. Steinberg, Tillman J. Breckenridge, Thomas W. Ports Jr.
Appellate and Supreme Court Clinic
No abstract provided.
The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf
The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf
Touro Law Review
This article examines the constitutional status of suspicionless searches and seizures of groups- an exceedingly important question in the age of terror, and a subject recently brought back to the forefront by the searches of subway passengers in New York City. It draws on process theory to argue that when a legislature has authorized a group search or seizure, courts should generally apply rational basis review.
First, other areas of constitutional doctrine exhibit deep trust in the power of groups to protect their interests in political process, and there is no reason why fourth amendment doctrine should not do the …
Supreme Court, New York County, People V. Smith, Jessica Miller
Supreme Court, New York County, People V. Smith, Jessica Miller
Touro Law Review
No abstract provided.
Appellate Division, Fourth Department, People V. Hall, Eric Pack
Appellate Division, Fourth Department, People V. Hall, Eric Pack
Touro Law Review
No abstract provided.
Appellate Division, First Department, Koeiman V. New York, Gennaro Savastano
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
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
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
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
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
Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman
Touro Law Review
No abstract provided.
Policing Facts, Seth W. Stoughton
Policing Facts, Seth W. Stoughton
Faculty Publications
The United States Supreme Court’s understanding of police practices plays a significant role in the development of the constitutional rules that regulate officer conduct. As it approaches the questions of whether to engage in constitutional regulation and what form of regulation to adopt, the Court discusses the environment in which officers act, describes specific police practices, and explains what motivates officers. Yet the majority of the Court’s factual assertions are made entirely without support or citation, raising concerns about whether the Court is acting based on a complete and accurate perception. When it comes to policing facts, the Court too …
The Rapid Rise Of Delayed Notice Searches, And The Fourth Amendment “Rule Requiring Notice”, Jonathan Witmer-Rich
The Rapid Rise Of Delayed Notice Searches, And The Fourth Amendment “Rule Requiring Notice”, Jonathan Witmer-Rich
Pepperdine Law Review
This article documents the rapid rise of covert searching, through delayed notice search warrants, and argues that covert searching in its current form presumptively violates the Fourth Amendment’s “rule requiring notice.” Congress authorized these “sneak and peek” warrants in the USA Patriot Act, in 2001, and soon after added a reporting requirement to monitor this invasive search technique. Since 2001, the use of delayed notice search warrants has risen dramatically, from around 25 in 2002 to 5,601 in 2012, suggesting that “sneak and peek” searches are becoming alarmingly common. In fact, it is not at all clear whether true “sneak …
Recent Developments In The Use Of Excessive Force By Law Enforcement, Karen M. Blum, Jack Ryan
Recent Developments In The Use Of Excessive Force By Law Enforcement, Karen M. Blum, Jack Ryan
Touro Law Review
No abstract provided.
Yale Symposium: Unpacking Nsa's Global Problem, Peter Margulies
Yale Symposium: Unpacking Nsa's Global Problem, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Why Arizona V. Gant Is The Wrong Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz
Why Arizona V. Gant Is The Wrong Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz
Faculty Publications
No abstract provided.
Personal Curtilage: Fourth Amendment Security In Public, Andrew Guthrie Ferguson
Personal Curtilage: Fourth Amendment Security In Public, Andrew Guthrie Ferguson
William & Mary Law Review
Do citizens have any Fourth Amendment protection from senseenhancing surveillance technologies in public? This Article engages a timely question as new surveillance technologies have redefined expectations of privacy in public spaces. It proposes a new theory of Fourth Amendment security based on the ancient theory of curtilage protection for private property. Curtilage has long been understood as a legal fiction that expands the protection of the home beyond the formal structures of the house. Based on custom and law protecting against both nosy neighbors and the government, curtilage was defined by the actions the property owner took to signal a …
Privacy In Social Media: To Tweet Or Not To Tweet?, Tara M. Breslawski
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
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
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
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
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
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
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
A Delayed Search Of An Automobile Makes For An Unconstitutional Seizure, Sean J. Mcgowan
Touro Law Review
No abstract provided.
Binary Searches And The Central Meaning Of The Fourth Amendment, Lawrence Rosenthal
Binary Searches And The Central Meaning Of The Fourth Amendment, Lawrence Rosenthal
William & Mary Bill of Rights Journal
No abstract provided.
David Leon Riley V. State Of California And United States Of America V. Brima Wurie: Brief Of Amici Curiae Criminal Law Professors In Support Of Petitioner Riley And Respondent Wurie, Adam M. Gershowitz, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan
David Leon Riley V. State Of California And United States Of America V. Brima Wurie: Brief Of Amici Curiae Criminal Law Professors In Support Of Petitioner Riley And Respondent Wurie, Adam M. Gershowitz, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan
Briefs
No abstract provided.
Brief For The National Association Of Social Workers And The Ohio Chapter Of The National Association Of Social Workers As Amici Curie In Support Of Petitioners, No. 13-933, United States Supreme Court (Mar. 6, 2014), Doron M. Kalir, Carolyn I. Polowy
Brief For The National Association Of Social Workers And The Ohio Chapter Of The National Association Of Social Workers As Amici Curie In Support Of Petitioners, No. 13-933, United States Supreme Court (Mar. 6, 2014), Doron M. Kalir, Carolyn I. Polowy
Law Faculty Briefs and Court Documents
NASW's first argument is simple. To protect children from abuse - a major congressional and state legislative goal - this Court should apply qualified immunity to protect social workers from personal liability where a reasonable decision has been made to remove a child without a warrant.
NASW's second argument is equally cogent. DeShaney was decided 25 years ago. Since then, this Court's "continued silence" on the issue, Kovacic, 724 F.3d at 708 (Sutton, J., dissenting), has failed "to provide guidance to those charged with the difficult task of protecting child welfare within the confines of the Fourth Amendment." Camreta v. …
Richard Ortega, Plaintiff-Appellant, V. United States Immigration And Customs Enforcement, Et Al., Defendants-Appellants: Petition For A Writ Of Certiorari, Patricia E. Roberts, Tillman J. Breckenridge, Thomas W. Ports Jr.
Richard Ortega, Plaintiff-Appellant, V. United States Immigration And Customs Enforcement, Et Al., Defendants-Appellants: Petition For A Writ Of Certiorari, Patricia E. Roberts, Tillman J. Breckenridge, Thomas W. Ports Jr.
Appellate and Supreme Court Clinic
No abstract provided.