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Articles 2221 - 2250 of 2493

Full-Text Articles in Fourth Amendment

The Exclusionary Rule In Germany, Craig M. Bradley Jan 1983

The Exclusionary Rule In Germany, Craig M. Bradley

Articles by Maurer Faculty

The exclusionary rule that the Supreme Court has fashioned to suppress evidence obtained unconstitutionally is directed at least in part toward deterring police conduct that violates constitutional norms. Since the inception of the rule, the value and efficacy of a prescript that excludes otherwise relevant and probative evidence in a factfinding proceeding has been a subject of heated debate. In this Article, Professor Bradley examines the rather different exclusionary rules used in Germany. He argues that a comparison of exclusionary rules in Germany and the United States suggests that a number of different policies of a criminal justice system could …


Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer Nov 1982

Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer

Cornell Law Faculty Publications

No abstract provided.


Illinois V. Lafayette, Lewis F. Powell Jr. Oct 1982

Illinois V. Lafayette, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Place, Lewis F. Powell Jr. Oct 1982

United States V. Place, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Knotts, Lewis F. Powell Jr. Oct 1982

United States V. Knotts, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Florida V. Royer, Lewis F. Powell Jr. Oct 1982

Florida V. Royer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Texas V. Brown, Lewis F. Powell Jr. Oct 1982

Texas V. Brown, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Illinois V. Gates, Lewis F. Powell Jr. Oct 1982

Illinois V. Gates, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Ross And The Container Cases -- Another Chapter In The Police Manual On Search And Seizure, Vincent G. Torpy, Jr. Oct 1982

United States V. Ross And The Container Cases -- Another Chapter In The Police Manual On Search And Seizure, Vincent G. Torpy, Jr.

Florida State University Law Review

No abstract provided.


Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison Oct 1982

Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson Oct 1982

The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson

Faculty Publications

No abstract provided.


Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review May 1982

Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review

Michigan Law Review

Part I briefly identifies the considerations underlying the Stone Court's decision to limit habeas corpus review of fourth amendment claims. Part II then argues against applying Stone to the sixth amendment claim. After establishing the analytic difference between the two constitutional claims and examining Stone's "opportunity for full and fair litigation" standard, it concludes that Stone is fully consistent with free review of habeas corpus petitions alleging incompetent handling of fourth amendment questions. Finally, responding to a popular interpretation of Stone, Part II demonstrates that the possibility that ineffectiveness claims may not further the determination of a defendant's …


The Erosion Of Probable Cause, Frederick D. Unger Apr 1982

The Erosion Of Probable Cause, Frederick D. Unger

North Carolina Central Law Review

No abstract provided.


Colloquy, Mr. Wiseman, Professor Uviller, Ms. Rosen, Professor Zeisel, Professor Reiss, Mr. Washington, Mr/ Carrington, Ms. Collins, Professor Tonry, Mr. Hishta Apr 1982

Colloquy, Mr. Wiseman, Professor Uviller, Ms. Rosen, Professor Zeisel, Professor Reiss, Mr. Washington, Mr/ Carrington, Ms. Collins, Professor Tonry, Mr. Hishta

Vanderbilt Law Review

At present, our system of criminal law administration has a considerable Rube Goldberg quality to it. Once the system decides to imprison a particular defendant--if we except from the generalization the couple of states that recently changed their laws in fundamental respects--the judge naturally asks himself what will happen when this man goes to prison. The answer is that the convicted offender will sit in prison for as long as the parole board wants him to. The judge must next consider whether any constraints exist on the parole board's decisions on when to release people from prison. In a third …


United States V. Ross: The Supreme Court Redefines The Scope Of Warrantless Searches Under The Automobile Exception, Mary C. Gilhooly Jan 1982

United States V. Ross: The Supreme Court Redefines The Scope Of Warrantless Searches Under The Automobile Exception, Mary C. Gilhooly

Loyola University Chicago Law Journal

No abstract provided.


Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd Jan 1982

Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd

UIC Law Review

No abstract provided.


Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar Jan 1982

Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar

Articles

Twenty years ago, concurring in Mapp v. Ohio (1961), Justice William 0. Douglas looked back on Wolf v. Colorado (1949) (which had held that the Fourth Amendment's substantive protection against "unreasonable search and seizure" was binding on the states through the due process clause, but that the Fourth Amendment exclusionary rule was not) and recalled that the Wolf case had evoked "a storm of controversy which only today finds its end." But, of course, in the twenty years since Justice Douglas made that observation the storm of controversy has only intensified, and it has engulfed the exclusionary rule in federal …


How We Got The Fourth Amendment Exclusionary Rule And Why We Need It, Yale Kamisar Jan 1982

How We Got The Fourth Amendment Exclusionary Rule And Why We Need It, Yale Kamisar

Articles

Why the continuing storm of controversy over the exclusionary rule? Why the deep and widespread hostility to it? I think a recent law office search case, because it arose in a setting so unlike the typical search and seizure case, furnishes a clue. In O'Connor v. Johnson, St. Paul police obtained a warrant to search an attorney's office for business records of a client suspected of making false written statements in applying for a liquor license. The attorney happened to be present when the police arrived. Holding on to his work product file, which contained some of the records sought, …


Unrecorded Oral Testimony In Support Of A Search Warrant: Is It Admissible? Is It Advisable?, Paul Benjamin Linton Jan 1982

Unrecorded Oral Testimony In Support Of A Search Warrant: Is It Admissible? Is It Advisable?, Paul Benjamin Linton

Loyola University Chicago Law Journal

No abstract provided.


Coast Guard Boardings Of Suspected Drug Smuggling Vessels On The High Seas And The Fourth Amendment: United States V. Streifel, Roger A. Stetter Jan 1982

Coast Guard Boardings Of Suspected Drug Smuggling Vessels On The High Seas And The Fourth Amendment: United States V. Streifel, Roger A. Stetter

Cardozo Law Review

Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution


The Exclusionary Rule Revisited: Good Faith In Fourth Amendment Search And Seizure, Holly Martin Stone Jan 1982

The Exclusionary Rule Revisited: Good Faith In Fourth Amendment Search And Seizure, Holly Martin Stone

Kentucky Law Journal

No abstract provided.


Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag Jan 1982

Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag

Publications

No abstract provided.


United States V. Ross, Lewis F. Powell Jr. Oct 1981

United States V. Ross, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Washington V. Chrisman, Lewis F. Powell Jr. Oct 1981

Washington V. Chrisman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Fourth Amendment And The "Legitimate Expectation Of Privacy", Gerald G. Ashdown Oct 1981

The Fourth Amendment And The "Legitimate Expectation Of Privacy", Gerald G. Ashdown

Vanderbilt Law Review

This Article does not endeavor to engage in a debate over the efficacy or deterrent effect of the exclusionary rule.' Nevertheless, it should be noted that these decisions appear questionable. It seems clear that a refusal to apply the rule in cases of particular fourth amendment transgressions will produce no incremental deterrence of unlawful police conduct, and inconsistent application of the rule arguably could diminish whatever deterrent value does exist.Therefore, if deterrence is viewed as the primary--if not only-function of the exclusionary rule, that goal should be promoted through thorough and consistent application of the rule.The Supreme Court, however, has …


Fourth Amendment Finality, John R. Pagan Oct 1981

Fourth Amendment Finality, John R. Pagan

Popular Media

No abstract provided.


The Fourth Amendment Standard For Searches Of Students By School Officials: Reasonable Suspicion Or Probable Cause?, Lois Yankowski Sep 1981

The Fourth Amendment Standard For Searches Of Students By School Officials: Reasonable Suspicion Or Probable Cause?, Lois Yankowski

Antioch Law Journal

The fourth amendment rights of students subjected to searches by school administrators or teachers has been the subject of much legal debate and confusion.' The Supreme Court has never considered the issue of search and seizure in the schools and has never addressed even the more general question of whether fourth amendment protections apply to juveniles. The lower courts which have examined the school search issue, with one exception,2 have provided students with substantially less fourth amendment protection than adults in non-school environments enjoy. These courts have focused on the in loco parentis status of school officials and have found …


The Impact Of Smith V. Maryland On The Law Of Pen Registers, Mark Bialek Sep 1981

The Impact Of Smith V. Maryland On The Law Of Pen Registers, Mark Bialek

Antioch Law Journal

In Smith v. Maryland,' the Supreme Court was presented with the question of whether the installation and use of a pen register2 constitutes a "search" under the fourth amendment.3 The pen register is a device which can be used to determine the telephone numbers dialed from a phone under investigation or the number of rings on calls coming into the phone. The question was raised by petitioner Michael Lee Smith, who was convicted of robbery, at least in part, based on evidence obtained from the installation and use of a pen register.4 Smith claimed that the use of a pen …


Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk Aug 1981

Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk

Articles

Workmen's compensation awards, decrees of administrative tribunals rather than courts, present the question of how far the mandate of the full faith and credit clause should reach and whether the clause should bar a claimant from pursuing supplemental compensation in a second state. Recently, in Thomas v. Washington Gas Light Co., the Supreme Court decided that full faith and credit should not prevent a claimant from obtaining supplemental compensation. Professor Sterk criticizes the Court's analysis, demonstrating the Thomas Court's neglect of the federal interests that the clause should protect. After examining the clause and its policy underpinnings, Professor Sterk …


From The Editors: An Unpardonable Pardon, David R. Milliken Apr 1981

From The Editors: An Unpardonable Pardon, David R. Milliken

In the Public Interest

No abstract provided.