Fourth Amendment Commons^™

Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard

University of Richmond Law Review

No abstract provided.

Search & Seizure

Touro Law Review

No abstract provided.

Abridged Too Far: Anticipatory Search Warrants And The Fourth Amendment, Michael J. Flannery

William & Mary Law Review

No abstract provided.

The Fourth Amendment: The Right Of The People To Be Secure In Their Persons, Homes, Papers, And Effects, Yale Kamisar

Book Chapters

Three quarters of a century ago, the Supreme Court expressed some thoughts on constitutional interpretation that bear repeating today (Weems v. United States):

Time works changes, brings into existence new conditions and purposes. Therefore, a principle to be vital must be capable of wider application than the mischief which gave it birth. This is particularly true of constitutions .... [In interpreting] a constitution, therefore, our contemplation cannot be only of what has been but what may be. Under any other rule a constitution would indeed be as easyof application as it would be deficient in efficacy and power.

The Fourth …

In Pursuit Of The Elusive Fourth Amendment: The Police Chase Cases, Ronald J. Bacigal

Law Faculty Publications

The first section of this article considers whether the police officer's intent is an indispensable component of fourth amendment seizures. The second section of the article addresses the Court's efforts to define a seizure· by focusing upon the objective causal link between an officer's efforts to apprehend a suspect and the suspect's attempt to avoid apprehension.

Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin

Touro Law Review

No abstract provided.

"Seizures" Typology: Classifying Detentions Of The Person To Resolve Warrant, Grounds, And Search Issues, Wayne R. Lafave

University of Michigan Journal of Law Reform

This seizures typology constitutes a most important part of extant fourth amendment doctrine. The precision with which and perspective from which such classifications are drawn is obviously a matter of considerable interest to the police, who must in the first instance resolve these warrant, grounds, and search issues. It is also an appropriate subject of broader concern, as the shape of these categories has a critical bearing upon the effectiveness of our law enforcement processes and the extent of our protected liberty and privacy. The following comments are directed to this seizures typology.

Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal

Law Faculty Publications

There is a well-recognized lack of consistency and clarity in fourth amendment decisions. At times, each search and seizure case seen is unique and the decisions appear to rest on factual determinations rather than on legal principles. Nonetheless, it is desirable to have some understanding of the basic principles of the fourth amendment, and the way in which these principles affect individual cases.

Constitutional Law - Fourth Amendment - Search And Seizure - Title Iii Of The Omnibus Crime Control And Safe Streets Act Of 1968 - Electronic Surveillance - Covert Entry, Gregory R. Lyons

Duquesne Law Review

The United States Supreme Court has held that the fourth amendment does not require that a Title III electronic surveillance order include a specific authorization for law enforcement officers to covertly enter the premises described in the order to install a listening device.

Dalia v. United States, 441 U.S. 238 (1979)

Pen Registers After Smith V. Maryland, John S. Applegate, Amy Applegate

Articles by Maurer Faculty

No abstract provided.

Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces

Faculty Publications

No abstract provided.

The Constitutionality Of Airport Searches, Michigan Law Review

Michigan Law Review

This Note will discuss airport searches in comparison to several situations in which the courts have found that the requirements of the fourth amendment do not apply or are satisfied even in the absence of a warrant: border searches, administrative searches, stop-and-frisk searches, and searches under express or implied consent. None of these are perfectly analogous to the present airport procedures. Therefore, if airport searches are to be allowed, either the procedures must be modified to fit the established exceptions, or a new exception to the warrant requirement of the fourth amendment must be created.

Search By Consent, Jerold H. Israel

Book Chapters

My topics this morning are eavesdropping, search by consent and entrance gained by fraud and deceit. You should be forewarned that these are areas in which the law has been "on the move" for the past few years. Changes have occurred and still more will take place in the future. I will attempt to anticipate some of those developments, but, obviously, the only safe course is keeping up-to-date through continuing education. In covering my assigned topics, I hope to paint with a rather broad brush. It has always been my feeling that the pohce officer cannot be expected to learn …

Constitutional Law-Search And Seizure, Howard A. Jacobs S.Ed.

Michigan Law Review

The most important step in the development of this constitutional provision came in 1886 in the famous case of Boyd v. United States. There the Court gave life to the Fourth Amendment by recognizing its intimate relation to the Fifth Amendment; thus laying the foundation for the federal rule that the Fifth Amendment protects every person from incrimination by the use of evidence obtained through search or seizure made in violation of his rights under the Fourth Amendment. With the exception of a temporary setback in 1903, this rule, as restated in the Weeks case, has effectively weathered a …

Evidence--Admissibility Of Evidence Secured Through Violation Of Constitutional Prohibitions

Michigan Law Review

No other questions are oftener before our courts in these latter days than those which concern the admissibility of evidence objected to under the various constitutional provisions, state and national, providing against unreasonable searches and seizures, and compulsory self-crimination.