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Articles 2131 - 2160 of 2493

Full-Text Articles in Fourth Amendment

State Constitutions, Freedom Of Expression, And Search And Seizure: Prospects For State Court Reincarnation, Sue Davis, Taunya Lovell Banks Jan 1987

State Constitutions, Freedom Of Expression, And Search And Seizure: Prospects For State Court Reincarnation, Sue Davis, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


Police Encouragement And The Fourth Amendment, 20 J. Marshall L. Rev. 661 (1987), Barry D. Green Jan 1987

Police Encouragement And The Fourth Amendment, 20 J. Marshall L. Rev. 661 (1987), Barry D. Green

UIC Law Review

No abstract provided.


United States V. Ruckman: The Scope Of The Fourth Amendment When A Man's Cave Is Not His Castle, 20 J. Marshall L. Rev. 839 (1987), Gayle P. Arco Jan 1987

United States V. Ruckman: The Scope Of The Fourth Amendment When A Man's Cave Is Not His Castle, 20 J. Marshall L. Rev. 839 (1987), Gayle P. Arco

UIC Law Review

No abstract provided.


Interception Of Communications In Exigent Circumstances: The Fourth Amendment, Federal Legislation, And The United States Department Of Justice, Clifford S. Fishman Jan 1987

Interception Of Communications In Exigent Circumstances: The Fourth Amendment, Federal Legislation, And The United States Department Of Justice, Clifford S. Fishman

Scholarly Articles

Part I briefly reviews basic Fourth Amendment case law regulating searches and seizures, summarizes the exigent circumstances doctrine, and discusses the applicability of that doctrine to electronic surveillance of communications. Part II outlines Title III's requirements for a "standard" (non-emergency, non-roving) interception order, including what the application and order must contain, and how such an order must be executed. Part III studies the emergency surveillance provision of Title III and reviews Justice Department policies and practices in implementing that provision. Part IV analyzes the new roving intercept provision, discusses its constitutionality, and looks at some practical problems that may arise …


Lovvorn V. City Of Chattanooga: Watering Down Public Employees' Fourth Amendment Rights, 20 J. Marshall L. Rev. 809 (1987), Laura L. Malinowski Jan 1987

Lovvorn V. City Of Chattanooga: Watering Down Public Employees' Fourth Amendment Rights, 20 J. Marshall L. Rev. 809 (1987), Laura L. Malinowski

UIC Law Review

No abstract provided.


Is The Fourth Amendment Obsolete?–Restating The Fourth Amendment In Functional Terms, John M.A. Dipippa Jan 1987

Is The Fourth Amendment Obsolete?–Restating The Fourth Amendment In Functional Terms, John M.A. Dipippa

Law Faculty Scholarship

No abstract provided.


Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin Jan 1987

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

Touro Law Review

No abstract provided.


Intrusive Border Searches -- What Protection Remains For The International Traveler Entering The United States After United States V. Montoya De Hernandez And Its Progeny?, Steve Anderson Jan 1987

Intrusive Border Searches -- What Protection Remains For The International Traveler Entering The United States After United States V. Montoya De Hernandez And Its Progeny?, Steve Anderson

Vanderbilt Journal of Transnational Law

This Note will examine the standards for initiation of strip, body cavity, and X-ray searches developed by the different circuits as well as the latitude allowed customs agents in carrying out such searches. It will also delve into the effect which Montoya de Hernandez and its progeny have had on this area of the law. Finally, this Note will propose possible solutions to the present confusion in the law.


Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs Jan 1987

Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs

Articles

No abstract provided.


Edward L. Barrett, Jr.: The Critic With 'That Quality Of Judiciousness Demanded Of The Court Itself', Yale Kamisar Jan 1987

Edward L. Barrett, Jr.: The Critic With 'That Quality Of Judiciousness Demanded Of The Court Itself', Yale Kamisar

Articles

Barrett was as talented and as dedicated a law teacher as any of his distinguished (or soon-to-become-distinguished) contemporaries. But Barrett resisted the movement toward new rights in fields where none had existed before. At least, he was quite uneasy about the trend. To be sure, others in law teaching shared Barrett's concern that the clock was spinning too fast. Indeed, some others were quite vociferous about it.' But because his criticism was cerebral rather than emotional - because he fairly stated and fully explored the arguments urging the courts to increase their tempo in developing constitutional rights - Barrett was …


Colorado V. Bertine, Lewis F. Powell Jr. Oct 1986

Colorado V. Bertine, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Arizona V. Hicks, Lewis F. Powell Jr. Oct 1986

Arizona V. Hicks, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Griffin V. Wisconsin, Lewis F. Powell Jr. Oct 1986

Griffin V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas Jul 1986

Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas

University of Arkansas at Little Rock Law Review

No abstract provided.


A Reprise Of Warrants, Probable Cause, And Articulable Suspicion In Immigration Enforcement—Laduke V. Nelson, 762 F.2d 1318 (9th Cir. 1985), Barbara J. Selberg Jul 1986

A Reprise Of Warrants, Probable Cause, And Articulable Suspicion In Immigration Enforcement—Laduke V. Nelson, 762 F.2d 1318 (9th Cir. 1985), Barbara J. Selberg

Washington Law Review

This Note analyzes LaDuke v. Nelson, in which the Ninth Circuit held that the farm and ranch check practices of the INS violated the fourth amendment in that seizures were made without warrants, probable cause, or articulable suspicion of illegal alienage. The court's alternative holding criticized the INS for conducting searches without warrants, probable cause, or effective consent. For LaDuke to stand it must be carefully distinguished from the Supreme Court's most recent fourth amendment decisions, which juxtapose the individual's interest in privacy and security with the government's interest in effective law enforcement. LaDuke should stand because it provides an …


State V. Delaurier: Privacy Rights And Cordless Telephones - The Fourth Amendment Is Put On Hold, 19 J. Marshall L. Rev. 1087 (1986), Donald Battaglia Jan 1986

State V. Delaurier: Privacy Rights And Cordless Telephones - The Fourth Amendment Is Put On Hold, 19 J. Marshall L. Rev. 1087 (1986), Donald Battaglia

UIC Law Review

No abstract provided.


Administrative Search And Seizure Whither The Warrant, Jack M. Kress, Carole D. Iannelli Jan 1986

Administrative Search And Seizure Whither The Warrant, Jack M. Kress, Carole D. Iannelli

Villanova Law Review (1956 - )

No abstract provided.


School Metal Detector Searches And The Fourth Amendment: An Empirical Study, Myrna G. Baskin, Laura M. Thomas Jan 1986

School Metal Detector Searches And The Fourth Amendment: An Empirical Study, Myrna G. Baskin, Laura M. Thomas

University of Michigan Journal of Law Reform

This Note is an empirical study of the weapons searches in the Detroit public schools. Part I traces the history of the Detroit public school searches describes how the searches were conducted, and explains the procedure implemented when a student was arrested or detained. Part II addresses the constitutionality of the search policy and concludes that the current sweep procedure violates the fourth amendment. Part III suggests a number of constitutional, and more effective, methods to decrease the number of weapons and the amount of violence in the Detroit high schools.


Constitutional Law-Fourth Amendment-Use Of Deadly Force To Seize Fleeing Felony Suspects (Tennessee V. Garner), Georgia Mcmillen Jan 1986

Constitutional Law-Fourth Amendment-Use Of Deadly Force To Seize Fleeing Felony Suspects (Tennessee V. Garner), Georgia Mcmillen

NYLS Journal of Human Rights

No abstract provided.


Defining A Fourth Amendment Search: A Critique Of The Supreme Court's Post-Katz Jurisprudence, Michael Campbell Jan 1986

Defining A Fourth Amendment Search: A Critique Of The Supreme Court's Post-Katz Jurisprudence, Michael Campbell

Washington Law Review

This Comment attributes the inadequacies of the Burger Court's application of Katz to that Court's identification of an interest in privacy with an interest in the secrecy of information. An interest in privacy, however, should more properly be defined as an interest in being left alone. Accordingly, this Comment proposes that a search be defined by reference to the conduct of the government, rather than by reference to the information uncovered by that conduct. Specifically, a search should be defined as conduct that violates a social norm of privacy. Such a definition of search would have several beneficial consequences. Among …


California V. Ciraolo: Are The Protections Of The Fourth Amendment Earthbound, 20 J. Marshall L. Rev. 343 (1986), Gregory R. James Jr. Jan 1986

California V. Ciraolo: Are The Protections Of The Fourth Amendment Earthbound, 20 J. Marshall L. Rev. 343 (1986), Gregory R. James Jr.

UIC Law Review

No abstract provided.


Dui Roadblocks: Drunk Drivers Take A Toll On The Fourth Amendment, 19 J. Marshall L. Rev. 983 (1986), Lazaro Fernandez Jan 1986

Dui Roadblocks: Drunk Drivers Take A Toll On The Fourth Amendment, 19 J. Marshall L. Rev. 983 (1986), Lazaro Fernandez

UIC Law Review

No abstract provided.


Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner Jan 1986

Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner

UIC Law Review

No abstract provided.


Warrantless Aerial Surveillance After Ciraolo And Dow Chemical: The Omniscient Eye In The Sky, Anita M. Modak-Truran Jan 1986

Warrantless Aerial Surveillance After Ciraolo And Dow Chemical: The Omniscient Eye In The Sky, Anita M. Modak-Truran

Loyola University Chicago Law Journal

No abstract provided.


Arrest, James Boyd White Jan 1986

Arrest, James Boyd White

Book Chapters

The constitutional law of arrest governs every occasion on which a government officer interferes with an individual’s freedom, from full-scale custodial arrests at one end of the spectrum to momentary detentions at the other. Its essential principle is that a court, not a police officer or other executive official, shall ultimately decide whether a particular interference with the liberty of an individual is justified. The court may make this judgment either before an arrest, when the police seek a judicial warrant authorizing it, or shortly after an arrest without a warrant, in a hearing held expressly for that purpose. The …


Present At The Creation? A Critical Guide To Weeks V. United States And Its Progeny, Gerard V. Bradley Jan 1986

Present At The Creation? A Critical Guide To Weeks V. United States And Its Progeny, Gerard V. Bradley

Journal Articles

The Supreme Court in Weeks v. United States held that upon a pretrial motion for return of property illegally seized, a court must order restitution, even if government is thereby deprived of its use at a subsequent trial. Many have characterized the Court’s decision as being grounded on a principled rather than empirical basis and as supporting the principle of exclusion. This Article critically examines Weeks to gauge the validity of the principled basis theories that Justice Day arguably advances as defenses to the rule in his opinion. Although a principled rationale underlies the decision in Weeks, it does …


The Exclusionary Rule: A Disputation, Peter Lushing Jan 1986

The Exclusionary Rule: A Disputation, Peter Lushing

Cardozo Law Review

Four-thirty p.m.: the lawyer's decompression hour. Court has just adjourned. The belligerents and (dare we say it) a judge or two recuperate in saloons close by the courthouse; their families can wait. In one tavern, a rear booth is about to be occupied by Mark earnest young county prosecutor. Mark is on the verge of that time when a criminal lawyer begins to doubt the sanity of the system and, perforce, his own integrity. He will be joined by Sam, a born defense counsel. Sam secretly worships America's criminal justice system for its holy commitment to procedural regularity. He has …


Dodging A Bullet, But Opening Old Wounds In Fourth Amendment Jurisprudence, Ronald J. Bacigal Jan 1986

Dodging A Bullet, But Opening Old Wounds In Fourth Amendment Jurisprudence, Ronald J. Bacigal

Law Faculty Publications

The Court began its opinion in Winston by "putting to one side the procedural protections of the warrant requirement. " The parties agreed that the defendant had received "a full measure of procedural protections"and that the state had met the "ordinary" standard of probable cause for a search. "Notwithstanding the existence of probable cause" and the state's full compliance with the procedures required by the warrant clause, the Court found that the reasonableness clause of the fourth amendment demands "a more substantial justification" than probable cause. The Court viewed this higher level of justification as a substantive requirement of the …


An Alternative Approach To The Good Faith Controversy, Ronald J. Bacigal Jan 1986

An Alternative Approach To The Good Faith Controversy, Ronald J. Bacigal

Law Faculty Publications

This Article examines the role of police motivation in all facets of fourth amendment jurisprudence and demonstrates that the Court has often considered good faith as one relevant but ill-defined factor in determining substantive aspects of the fourth amendment. The Article concludes that this ambiguous and flexible approach to substantive fourth amendment rights should be utilized when applying the remedy of exclusion.


The Securing Of The Premises Exception: A Search For The Proper Balance, Adam K. Peck Nov 1985

The Securing Of The Premises Exception: A Search For The Proper Balance, Adam K. Peck

Vanderbilt Law Review

This Recent Development argues that although an opinion endorsed by only two justices is not binding precedent, this portion of Segura represents an undesirable departure from the strict protections traditionally afforded a person's privacy interest in the home and leaves lower courts confused about the constitutional limitations on seizures in the home. Part II examines prior Supreme Court opinions that have defined the parameters of permissible warrantless searches and seizures. Part III explores the circuit court opinions that have developed a "securing of the premises"exception. Part IV describes Chief Justice Burger's analysis in Segura. Part V argues that the Chief …