Open Access. Powered by Scholars. Published by Universities.®

Fourth Amendment Commons™

Open Access. Powered by Scholars. Published by Universities.®

Probable cause

Discipline
Institution
Publication Year
Publication
Publication Type

Articles 121 - 125 of 125

Full-Text Articles in Fourth Amendment

Searches Without Warrants, Jerold H. Israel Jan 1971

Searches Without Warrants, Jerold H. Israel

Book Chapters

My primary area of concentration today is the search made without a warrant. Studies indicate that 95 percent or more of all searches are without warrants. It is quite understandable, then, that most of the search-and-seizure litigation concerns the validity of searches without warrants.

Go to article

An Analysis Of Terry V. Ohio And Its Implications Upon The California Law Of Stop And Frisk, Judith N. Keep Jan 1969

An Analysis Of Terry V. Ohio And Its Implications Upon The California Law Of Stop And Frisk, Judith N. Keep

San Diego Law Review

The controversy surrounding the legality of police "stop and frisk" practices at last has been partially resolved by the Supreme Court. In the case of Terry v. Ohio, which is further illuminated by its companion case Sibron v. New York, the Court established a constitutional standard for the frisk under the search and seizure clause of the fourth amendment. Additionally, it strongly suggested that the same standard would be applied to the stop. Thus, not only did the Court resolve the debate in favor of this often employed police practice, but under the doctrine of Mapp v. Ohio, the standard …

Go to article

Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar Dec 1962

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 …

Go to article

Constitutional Law- Search And Seizure- Search Incidental To An Administrative Arrest, James J. White Dec 1960

Constitutional Law- Search And Seizure- Search Incidental To An Administrative Arrest, James J. White

Michigan Law Review

As a preliminary to deportation proceedings, defendant, Rudolf I. Abel, was arrested in his hotel room by Immigration and Naturalization Service agents who acted pursuant to a valid administrative arrest warrant. After the arrest, but without a search warrant, the INS searched Abel's room and seized evidence later used in his trial for espionage. In the district court Abel moved to suppress this evidence on the theory that the search violated the fourth amendment. The district court's denial of the motion was affirmed by the Court of Appeals for the Second Circuit. On certiorari to the United States Supreme Court, …

Go to article

Search And Seizure - Suppression Of Evidence - Judicial Attitude Toward Enforcement, John B. Waite May 1960

Search And Seizure - Suppression Of Evidence - Judicial Attitude Toward Enforcement, John B. Waite

Michigan Law Review

The "numbers game" is today the most profitable of the wide-spread gambling rackets. And like all organized gambling it is a focal source and the financial support of far more serious crimes. At the same time it is one of the most difficult forms of crime for the police to control. It needs no costly installations which the police can confiscate or destroy. Unlike "house" gambling it cannot practically be harassed out of business. It can be operated by one man alone, if he survives failure to pay off for lack of capital; or by a syndicate with capital enough …

Go to article

First Prev