Fourth Amendment Commons^™

The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Controlling Discretion By Administrative Regulations: The Use, Misuse, And The Nonuse Of Police Rules And Policies In Fourth Amendment Adjudication, Wayne R. Lafave

Michigan Law Review

In assaying fourth amendment jurisprudence, it is useful to take into account available knowledge regarding the actual search and seizure practices of the police. Especially helpful is the perspective afforded by the American Bar Foundation's Survey of the Administration of Criminal Justice in the United States, which ranks as the preeminent empirical study of law enforcement procedures in this country. Despite the fact - or, more likely, because of the fact that the ABF Survey was published over twenty years ago, certain insights from that study highlight some recent and significant changes in this corpus juris inconstans .

Clearly "the …

Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks

Michigan Law Review

Given this vast literature on the good faith exception, little room appears to exist for additional commentary on the propriety of the decision, its theoretical weaknesses or strengths, or what further changes in constitutional criminal procedure it forebodes. This Note will not add to the many voices complaining of the Court's misconstrual of the grounding of the exclusionary rule, nor of its crabbed notion of deterrence. Instead, it accepts, arguendo, the propriety of the exception and its underlying purpose, and then examines the six-year experience with the revised rule. The proliferation of reported applications of the good faith exception …

Aids, Rape, And The Fourth Amendment: Schemes For Mandatory Aids Testing Of Sex Offenders, Paul H. Macdonald

Vanderbilt Law Review

Few subjects are as emotionally troubling as AIDS' and rape. The latter, of course, has plagued society throughout human history, but AIDS only recently has imposed itself upon our social and medical consciousness. Ever since AIDS became a familiar sight in the headlines nearly ten years ago, society has reacted to it with a mixture of anxiety, confusion, and despair. One consequence of the new societal awareness is the increased hesitancy with which individuals approach intimate contact. When intimate contact is involuntary as in the case of rape, fear of exposure to the disease is especially pronounced. Society,however, seems ill-prepared …

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.

Beyond The Warren Court And Its Conservative Critics: Toward A Unified Theory Of Constitutional Criminal Procedure, Donald A. Dripps

University of Michigan Journal of Law Reform

Part I develops more fully the differences that divide liberal and conservative commentators on criminal procedure, taking special note of the series of Reports prepared by the Justice Department's Office of Legal Policy and published recently in the University of Michigan Journal of Law Reform. Part II explains my disquiet with the suggestion that original-meaning jurisprudence ought to guide criminal procedure doctrine. Part II also defends the thesis that the fourteenth amendment protects the individual interest in freedom from unjust punishment, rather than any abstract interest in truth for its own sake. Part III considers two familiar controversies in criminal …

Drug Couriers And The Fourth Amendment: Vanishing Privacy Rights For Commercial Passengers, Alexandra Coulter

Vanderbilt Law Review

Increased drug enforcement initiatives within the United States parallel the international' escalation of the war on drugs. Curbing the flow of narcotics into the country has seemed an unconquerable task.The tremendous influx of illegal substances and the heightened domestic production of both natural and synthetic' drugs prompt governments at every level to attempt to restrict drug trafficking within the United States.' The enforcement escalation is highlighted by a vociferous executive and congressional commitment to the eradication of the drug problem, improved drug detection technology, and a dedication of increased manpower and resources to enforcement efforts.'

Detecting illegal substances during transportation …

Solving The Pretext Puzzle: The Importance Of Ulterior Motives And Fabrications In The Supreme Court's Fourth Amendment Pretext Doctrine, Edwin J. Butterfoss

Faculty Scholarship

This Article first analyzes the debate between Professors John M. Burkoff and James B. Haddad over the current state of Supreme Court jurisprudence on the pretext issue. It shows that the Supreme Court's definition of pretext is broader than the definition of pretext used by these commentators. The Supreme Court's definition includes both "legal" and fabricated pretexts. In a "legal" pretext, the government offers a justification that is not the true reason for the police activity, but that, if the motivation of the officer is not considered, legally justifies the activity. In a fabricated pretext, the government offers a justification …

Naked Before The Law: The Illinois Strip Search Statute, 23 J. Marshall L. Rev. 425 (1990), Vito Loverde

UIC Law Review

No abstract provided.

Random Drug Testing Of Student Athletes By State Universities In The Wake Of Von Raab And Skinner, Leroy Pernell

Journal Publications

This article will focus on the particularly complicated question of the legality of drug testing at state universities. State universities comprise a significant number of the universities involved in intercollegiate athletics at the major conference level. The state university at the same time is a branch of the state and operates under color of state law. As such, its actions fall under the additional scrutiny of the constitutional principles contained in, and incorporated through, the fourteenth amendment to the United States Constitution. In examining the legal significance of drug testing of student-athletes at a state university, this article will closely …

Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson

Touro Law Review

No abstract provided.

Florida V. Riley: The Emerging Standard For Aerial Surveillance Of The Curtilage, David J. Stewart

Vanderbilt Law Review

The expression, "a man's home is his castle," embodies one of the most cherished individual liberties in American society, the right to en-joy privacy and freedom from unreasonable government intrusion in the confines of one's home.' Recognizing the importance of this right, the first Senate adopted the fourth amendment, which protects individuals from unreasonable searches and seizures.

Initially, the United States Supreme Court narrowly construed the fourth amendment as protecting only physical intrusions of persons,houses, papers, and effects.4 Later, the Court expanded coverage of the fourth amendment to include the area immediately adjacent to the home and used in connection …

Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas

Touro Law Review

No abstract provided.

Solving The Pretext Puzzle: The Importance Of Ulterior Motives And Fabrications In The Supreme Court's Fourth Amendment Pretext Doctrine, Edwin J. Butterfoss

Kentucky Law Journal

No abstract provided.

Remembering The 'Old World' Of Criminal Procedure: A Reply To Professor Grano, Yale Kamisar

Articles

When I graduated from high school in 1961, the "old world" of criminal procedure still existed, albeit in its waning days; when I graduated from law school in 1968, circa the time most of today's first-year law students were arriving on the scene, the "new world" had fully dislodged the old. Indeed, the force of the new world's revolutionary impetus already had crested. Some of the change that the criminal procedure revolution effected was for the better, but much of it, at least as some of us see it, was decidedly for the worse. My students, however, cannot make the …

Restrictions On The State's Use Of Mental Health Experts In Capital Trials, W. Lawrence Fitch

Capital Defense Journal

No abstract provided.

Aliens' Fourth Amendment Rights Against Government Searches Abroad—United States V. Verdugo-Urquidez, 856 F.2d 1214 (9th Cir. 1988), Cert. Granted, 109 S. Ct. 1741 (1989), Richard J. Dolan

Washington Law Review

The "war on drugs" and the effort to contain international terrorism have raised questions of when the Constitution restricts the actions of the United States government abroad. This Note analyzes United States v. Verdugo-Urquidez, a case in which the Ninth Circuit Court of Appeals held that aliens have fourth amendment rights against United States government searches of their residences abroad. The Note agrees that the court's holding was correct, but suggests the court's "natural rights" theory was too broad to comport with prior Supreme Court limitations of aliens' constitutional rights. Instead, the Note suggests that the relationship between an alien …

The Law Of Pretrial Interrogation, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

The existing rules in the United States governing the questioning of suspects in custody are based on the Supreme Court's five to four decision in Miranda v. Arizona. The Court in Miranda promulgated a new, code-like set of rules for custodial questioning, including the creation of a right to counsel in connection with custodial questioning, a requirement of warnings, a prohibition of questioning unless the suspect affirmatively waives the rights set out in the warnings, and a prohibition of questioning if the suspect asks for a lawyer or indicates in any manner that he is unwilling to talk. These …

The Search And Seizure Exclusionary Rule, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

The fourth amendment guarantees the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." This guaranty is not self-executing, however, and the courts and criminal justice systems in this country have long been bedeviled by questions concerning appropriate methods of ensuring its observance. As a result of the Supreme Court's decisions in Weeks v. United States and Mapp v. Ohio, the method principally relied upon today is a judicially created rule excluding from criminal trials evidence obtained in violation of the defendant's fourth amendment rights.

The search and seizure …

"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.

Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy

Michigan Law Review

The article will consider four different types of police-obtained evidence: evidence obtained from an unconstitutional search and seizure, evidence obtained from a Miranda violation, confessions and lineup identifications obtained in violation of the sixth amendment right to counsel, and coerced confessions. My conclusions are that evidence obtained from an unconstitutional search and seizure is excluded because of the police misconduct by which it was obtained. On the other hand, evidence obtained from a Miranda violation is (or ought to be) excluded because use of that evidence compromises the defendant's procedural right not to be compelled to be a witness against …

Alien Membership In The Constitutional Compact: Fourth Amendment Reasonableness In Foreign Lands-United States V. Verdugo-Urquidez, Stephen L. Lundwall

BYU Law Review

No abstract provided.

Gold Chains, Jumpsuits And Hunches: The Use Of Drug Courier Profiles After United States V. Sokolow, Sean William Bezark

Loyola University Chicago Law Journal

No abstract provided.

Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner

UIC Law Review

No abstract provided.

National Treasury Employees Union V. Von Raab: A Broader Special Needs Warrant Exception Dilutes Fourth Amendment Protection, 22 J. Marshall L. Rev. 903 (1989), Kathryn Schierl

UIC Law Review

No abstract provided.

Search And Seizure: It's Time The Court Shed Some Light On The Use Of Ultraviolet Lamps, 22 J. Marshall L. Rev. 877 (1989), M. Jeffrey Tucker

UIC Law Review

No abstract provided.

California V. Greenwood: A Trashing Of The Fourth Amendment, Richard H. Taylor

West Virginia Law Review

No abstract provided.

Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, 22 J. Marshall L. Rev. 795 (1989), Clifford S. Fishman

UIC Law Review

No abstract provided.

The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley

Journal Articles

This Article will, in large part, present its thesis regarding fourth amendment doctrine by employing, as an illustration, a recent application of the current approach by the Seventh Circuit Court of Appeals. In United States v. Torres, the Seventh Circuit held video surveillance constitutional and further found that the judiciary had the authority to issue warrants for such a technique. Although welcomed by prosecutors and law enforcement officials, this decision highlights the absurdity of the current interpretation of the reasonableness clause. Moreover, Torres provides a vehicle through which this Article's historical interpretation can be brought into focus under the cold …

“The Right Of The People To Be Secure. . .”: Toward A Metatheory Of The Fourth Amendment, Thomas E. Baker

Faculty Publications

No abstract provided.