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Articles 2011 - 2040 of 2493

Full-Text Articles in Fourth Amendment

Reasonable Expectations Of Privacy And Autonomy In Fourth Amendment Cases: An Empirical Look At "Understandings Recognized And Permitted By Society", Christopher Slobogin, Joseph E. Schumacher Feb 1993

Reasonable Expectations Of Privacy And Autonomy In Fourth Amendment Cases: An Empirical Look At "Understandings Recognized And Permitted By Society", Christopher Slobogin, Joseph E. Schumacher

Vanderbilt Law School Faculty Publications

This Article reports an attempt to investigate empirically important aspects of the Fourth Amendment to the United States Constitution, as construed by the United States Supreme Court. In the course of doing so, it touches upon two other topics. Most directly, it addresses the appropriate scope of the Fourth Amendment. Less directly, it raises questions about the role that empirical research should play in fashioning constitutional rules.


Constitutional Law - Unconstitutional Searches Without Exclusionary Sanctions, Penny S. Indictor Jan 1993

Constitutional Law - Unconstitutional Searches Without Exclusionary Sanctions, Penny S. Indictor

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Bargaining Away Fourth Amendment Rights In Labor Dispute Resolution, Andrew M. Souder Jan 1993

Constitutional Law - Bargaining Away Fourth Amendment Rights In Labor Dispute Resolution, Andrew M. Souder

Villanova Law Review (1956 - )

No abstract provided.


The Central Meaning Of The Fourth Amendment, Tracey Maclin Jan 1993

The Central Meaning Of The Fourth Amendment, Tracey Maclin

UF Law Faculty Publications

No abstract provided.


Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager Jan 1993

Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager

Faculty Scholarship

This Article is about the misunderstood relationship between the Fourth Amendment and the positive law. It shows how state property law and other expressions of the positive law are more resilient and useful to Fourth Amendment analysis than the Court's decisions of the past three decades recognize.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham Jan 1993

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


The Right Of The People To Be Secure, Ronald J. Bacigal Jan 1993

The Right Of The People To Be Secure, Ronald J. Bacigal

Kentucky Law Journal

No abstract provided.


The Right Of Privacy, Sustained, Gerard V. Bradley Jan 1993

The Right Of Privacy, Sustained, Gerard V. Bradley

Journal Articles

Traditionally the "right of privacy" concerned the security of certain places (chiefly, one's home) and, to a lesser extent, materials (books, papers) that were especially self-revealing. This right of privacy makes eminent philosophical sense, and it is protected by explicit constitutional guarantees, conspicuously including the Fourth Amendment, which provides that "[t]he right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures, shall not be violated." The Rehnquist Court has regularly accorded less weight to this privacy in the "balance" against "law enforcement interests" than did the Warren and Burger Courts. Expanded authority …


"Accidental" Shootings As Fourth Amendment Seizures, Kathryn R. Urbonya Jan 1993

"Accidental" Shootings As Fourth Amendment Seizures, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


The Right Of The People To Be Secure, Ronald J. Bacigal Jan 1993

The Right Of The People To Be Secure, Ronald J. Bacigal

Law Faculty Publications

Part I of this Article defines searches and seizures of property and person, discussing the Supreme Court's initially broad interpretation of the Fourth Amendment and its subsequent narrowing in later decisions. Part II discusses several police "chase cases" leading up to the elimination of accidental and attempted seizures from Fourth Amendment protection in Brower v. County of Inyo and California v. Hodari D. Part Ill analyzes the Brower decision and its effect on accidental seizures, concluding that the analysis set forth therein should be abolished and advocating an alternate test. Part IV confronts the Court's elimination of attempted seizures from …


Drugs, Ideology, And The Deconstitutionalization Of Criminal Procedure, Gerald G. Ashdown Sep 1992

Drugs, Ideology, And The Deconstitutionalization Of Criminal Procedure, Gerald G. Ashdown

West Virginia Law Review

No abstract provided.


Michigan's Attempt At Curbing Drunk Drivers Under The Fourth Amendment: The Constitutionality Of Sobriety Checkpoints, B. Gordon Beckstead Mar 1992

Michigan's Attempt At Curbing Drunk Drivers Under The Fourth Amendment: The Constitutionality Of Sobriety Checkpoints, B. Gordon Beckstead

Brigham Young University Journal of Public Law

No abstract provided.


Go Greyhound And Leave The Fourth Amendment To Us: Florida V. Bostick, Matthew I. Farmer Jan 1992

Go Greyhound And Leave The Fourth Amendment To Us: Florida V. Bostick, Matthew I. Farmer

Loyola University Chicago Law Journal

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Oops - We Forgot To Put It In The Refrigerator: Dna Identification And The State's Duty To Preserve Evidence, 25 J. Marshall L. Rev. 809 (1992), Albert M.T. Finch Iii Jan 1992

Oops - We Forgot To Put It In The Refrigerator: Dna Identification And The State's Duty To Preserve Evidence, 25 J. Marshall L. Rev. 809 (1992), Albert M.T. Finch Iii

UIC Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor C. Romero Jan 1992

Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor C. Romero

Faculty Scholarship

This Note rejects the Court's approach to the Fourth Amendment in Lopez and Verdugo and attempts to redefine the boundaries of Fourth Amendment protections for undocumented immigrants. Part I examines the impact of the Lopez and Verdugo decisions upon undocumented immigrants' Fourth Amendment rights. Part II evaluates the arguments for extending Fourth Amendment protections to undocumented immigrants. Viewing the Fourth Amendment as a restriction on government intrusion, Part III examines the constitutional remedies available to undocumented immigrants. This part rejects the Lopez restrictions on the applicability of the exclusionary rule and concludes that the Fourth Amendment neither draws distinctions among …


What Went Wrong With The Warren Court's Conception Of The Fourth Amendment?, John B. Mitchell Jan 1992

What Went Wrong With The Warren Court's Conception Of The Fourth Amendment?, John B. Mitchell

Faculty Articles

This article discusses the current status of police in the United States--police can undertake any and all actions unrestrained by any law but their own. The post-Warren Supreme Courts have held that none of these police activities are "searches" and/or "seizures," and in these courts' Fourth Amendment jurisprudence, that means that these activities are not circumscribed by the Fourth Amendment at all. Thus, in terms of the Constitution, the police are without any judicial supervision and subject to no standards but their own whim. The article explores the reasons for this, and faults the Warren Court for its mishandling of …


Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox Jan 1992

Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox

Touro Law Review

No abstract provided.