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Articles 1981 - 2010 of 2493
Full-Text Articles in Fourth Amendment
Search And Seizure: People V. Scott
Search And Seizure: People V. Saurini
Search And Seizure: People V. Gonzales
Of Myths And Mapp: A Response To Professor Magee, Sheri Johnson
Of Myths And Mapp: A Response To Professor Magee, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
Toward An International Fourth Amendment: Rethinking Searches And Seizures Abroad After Verdugo-Urquidez, Eric Bentley, Jr.
Toward An International Fourth Amendment: Rethinking Searches And Seizures Abroad After Verdugo-Urquidez, Eric Bentley, Jr.
Vanderbilt Journal of Transnational Law
Should the Fourth Amendment reach abroad to protect noncitizens when United States law enforcement agents conduct searches and seizures in a foreign state? The courts have assumed this to be a closed question since 1990, when the Supreme Court, in a broadly worded plurality opinion by Chief Justice Rehnquist, asserted that the Amendment protects only citizens and other members of the "national community." However, as this Article points out, the Chief Justice's plurality opinion in United States v. Verdugo-Urquidez did not represent the judgment of a majority of the Court and therefore does not foreclose continued consideration of the scope …
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.
Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby
Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby
Articles
No abstract provided.
Search And Seizure: People V. Martinez
Search And Seizure: People V. Sierra
Search And Seizure: People V. Goldring
Search And Seizure: People V. Monegro
Search And Seizure: People V. May
Search And Seizure: People V. Reilly
Search And Seizure: People V. Beriguette
Search And Seizure: People V. Holmes
Search And Seizure: People V. Bora
Search And Seizure: People V. Edney
Search And Seizure: People V. Galak
Search And Seizure: Stender V. City Of Albany
Search And Seizure: People V. Moore
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.
Sotto Voce: The Supreme Court's Low Key But Not Insignificant Criminal Law Rulings During The 1992 Term, William E. Hellerstein
Sotto Voce: The Supreme Court's Low Key But Not Insignificant Criminal Law Rulings During The 1992 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
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.
The Consent Exception To The Warrant Requirement, H. Patrick Furman
The Consent Exception To The Warrant Requirement, H. Patrick Furman
Publications
No abstract provided.
Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans
Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans
Law Faculty Scholarship
[Excerpt] "In recent years, law enforcement officials have honed a new technique for fighting the "War on Drugs:" the suspicionless police sweep of stations and vehicles involved in interstate mass transportation. Single officers or groups of officers approach unfortunate individuals in busses, trains, stations and airline terminals. A targeted traveller is requested to show identification and tickets, explain the purpose of his or her travels, and finally, at times, to consent to a luggage search. As long as "a reasonable person would understand that he or she could refuse to cooperate," the encounter between the law-enforcement official and the traveller …
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.
Lords Of Lash, Loom, And Law: Justice Story, Slavery, And Prigg V. Pennsylvania, Barbara Holden-Smith
Lords Of Lash, Loom, And Law: Justice Story, Slavery, And Prigg V. Pennsylvania, Barbara Holden-Smith
Cornell Law Faculty Publications
No abstract provided.
Constitutional Law—Punitive Damages—Arkansas' Common Law Method Of Awarding Punitive Damages May Violate Due Process. Viking Insurance Co. V. Jester, 310 Ark. 317, 836 S.W.2d 371 (1992)., Penny Brown Wilbourn
Constitutional Law—Punitive Damages—Arkansas' Common Law Method Of Awarding Punitive Damages May Violate Due Process. Viking Insurance Co. V. Jester, 310 Ark. 317, 836 S.W.2d 371 (1992)., Penny Brown Wilbourn
University of Arkansas at Little Rock 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 …
Resources And Rights: Towards A New Prototype Of Criminal Representation, Laura Gardner Webster
Resources And Rights: Towards A New Prototype Of Criminal Representation, Laura Gardner Webster
Mercer Law Review
A comprehensive concern in recent criminal procedure decisions in the United States Supreme Court has been the apprehension that certain rights afforded to the accused detract from efficient law enforcement. Efficiency in controlling crime and obtaining accurate verdicts is preferred over the recognition of rights which impede that process. This model of the purposes of the criminal justice system has its origins in the judicial reluctance to apply the Fourth Amendment exclusionary rule as a means of excluding otherwise probative evidence simply because "the constable blundered."' The problems in Fourth Amendment jurisprudence are well known. As two commentators have observed, …