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Articles 61 - 84 of 84
Full-Text Articles in Fourth Amendment
Pleading The Fourth, Kathryn R. Urbonya
Choosing Perspectives In Criminal Procedure, Ronald J. Bacigal
Choosing Perspectives In Criminal Procedure, Ronald J. Bacigal
William & Mary Bill of Rights Journal
In this Article, Professor Bacigal examines the Supreme Court's use of various perspectives in examining the reasonableness of searches and seizures. Although the Supreme Court purports to rely on a consistent method of constitutional analysis when rendering decisions on Fourth Amendment issues, the case law in this area indicates that the Court is influenced sometimes by the citizen's perspective, sometimes by the police officers' perspective, and sometimes by the perspective of the hypothesized reasonable person.
After identifying the role of perspectives in a number of seminal Court decisions, Professor Bacigal discusses the benefits and limitations of the Court's reliance on …
Ad Hoc Adjudication: People V. Champion, Another Confusing Element In The Turmoil Following Minnesota V. Dickerson, Audra A. Dial
Ad Hoc Adjudication: People V. Champion, Another Confusing Element In The Turmoil Following Minnesota V. Dickerson, Audra A. Dial
William & Mary Law Review
No abstract provided.
Dangerous Misperceptions: Protecting Police Officers, Society, And The Fourth Amendment Right To Personal Security, Kathryn R. Urbonya
Dangerous Misperceptions: Protecting Police Officers, Society, And The Fourth Amendment Right To Personal Security, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar
The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar
Articles
Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda v. Arizona.
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
LLM Theses and Essays
Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …
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 Central Meaning Of The Fourth Amendment, Tracey Maclin
The Central Meaning Of The Fourth Amendment, Tracey Maclin
William & Mary Law Review
No abstract provided.
Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson
Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson
Faculty Publications
Miranda only protects suspects who the police subject to custodial interrogation. The concept of custody is tethered to the Fifth Amendment privilege against self-incrimination; thus, to render a suspect in custody, law enforcement officials must subject the suspect to a compelling environment that tends to undermine that privilege. In this article, Professor Richard A. Williamson examines the application of Miranda to Terry stops. He reviews the impact of the Beheler and Berkemer decisions, which held that suspects who officials stop based on reasonable suspicion, as opposed to suspects who officials arrest, are not entitled to Miranda warnings. Professor Williamson generally …
"Accidental" Shootings As Fourth Amendment Seizures, Kathryn R. Urbonya
"Accidental" Shootings As Fourth Amendment Seizures, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Abridged Too Far: Anticipatory Search Warrants And The Fourth Amendment, Michael J. Flannery
Abridged Too Far: Anticipatory Search Warrants And The Fourth Amendment, Michael J. Flannery
William & Mary Law Review
No abstract provided.
"The Right Of The People To Be Secure...": Toward A Metatheory Of The Fourth Amendment, Thomas E. Baker
"The Right Of The People To Be Secure...": Toward A Metatheory Of The Fourth Amendment, Thomas E. Baker
William & Mary Law Review
No abstract provided.
Evidence Seized In Foreign Searches: When Does The Fourth Amendment Exclusionary Rule Apply?, Steven H. Theisen
Evidence Seized In Foreign Searches: When Does The Fourth Amendment Exclusionary Rule Apply?, Steven H. Theisen
William & Mary Law Review
No abstract provided.
The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson
The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson
Faculty Publications
No abstract provided.
Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces
Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces
Faculty Publications
No abstract provided.
Airport Freight And Passenger Searches: Application Of Fourth Amendment Standards
Airport Freight And Passenger Searches: Application Of Fourth Amendment Standards
William & Mary Law Review
No abstract provided.
United States V. United States District Court For The Eastern District Of Michigan, Southern Division, Lewis F. Powell Jr.
United States V. United States District Court For The Eastern District Of Michigan, Southern Division, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.