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Articles 4981 - 5010 of 5034

Full-Text Articles in Law Enforcement and Corrections

1930 Year Book Of The National Probation Association, Charles G. Baker Feb 1931

1930 Year Book Of The National Probation Association, Charles G. Baker

West Virginia Law Review

No abstract provided.

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Some Inadequacies In The Law Of Arrest, John Barker Waite Feb 1931

Some Inadequacies In The Law Of Arrest, John Barker Waite

Michigan Law Review

Suppose that a farmer whose orchard borders the highway happens on the spot in time to see a truck, with the license tag of a foreign state, conveniently parked while the driver loads it with apples which he picks from the farmer's trees. What can the farmer-owner do in respect to the situation?

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Constitutional Law-Police Power--Removal Of Garbage--Statutory Construction Dec 1930

Constitutional Law-Police Power--Removal Of Garbage--Statutory Construction

Indiana Law Journal

No abstract provided.

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Constitutional Law--Police Power Nov 1930

Constitutional Law--Police Power

Indiana Law Journal

No abstract provided.

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Law Enforcement, Arthur J. Garskay May 1930

Law Enforcement, Arthur J. Garskay

Bachelors’ Theses

In many circles today, law enforcement is looked upon as a panacea for the present condition of lawlessness. Our political parties carry law enforcement planks in their platforms. The party in power seeks to carry out its pledge of remedying the evil. President Hoover appoints a Law Enforcement Commission and tells them that they are to deal with the dominant issue before the American people. He calls that issue "enforcement and obedience to the laws of the United States, both Federal and State".

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Constitutionality Of A Search And Seizure, Without Warrant, Of An Automobile—Reasonable Cause—Anonymous Tips, Sherman R. Huffine Apr 1930

Constitutionality Of A Search And Seizure, Without Warrant, Of An Automobile—Reasonable Cause—Anonymous Tips, Sherman R. Huffine

Washington Law Review

Since the case of Carroll v. United States, it has become a generally recognized principle of law that an officer may make a search and seizure of an automobile without a warrant, provided that the officer has probable cause to make the search. The Fourth Amendment to the Constitution of the United States specifically is aimed to protect the people against "unreasonable searches and seizures." The Carroll case is based on the theory that if the other has probable cause the search of an automobile is not an unreasonable search. The distinction drawn is that while the warrant can easily …

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The Criminal's Right Of Privacy Jun 1929

The Criminal's Right Of Privacy

Michigan Law Review

The dissent of Mr. Justice Brandeis in the famed wire tapping case has been of especial interest to those who are acquainted with his article in the Harvard Law Review in 1890 on "The Right of Privacy." The law has witnessed few more fascinating developments than the engrafting of this latter concept into the formula of justice, few more conspicuous examples of creative juristic effort. Concerning it Dean Pound has said: "What may almost be called the classical example (of creative activity) is the paper on the Right of Privacy in which Mr. Justice Brandeis, then at the bar, was …

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The Cases Of Mooney And Billings, Fowler V. Harper Jan 1929

The Cases Of Mooney And Billings, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

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Remedies For Wrongful Action In The Levy And Enforcement Of Taxes Jun 1928

Remedies For Wrongful Action In The Levy And Enforcement Of Taxes

Michigan Law Review

Although there is a distinct policy in favor of prompt and efficient procedure for the levy and collection of taxes, unhindered by judicial "red tape," yet the government cannot exercise its power so as to deprive the taxpayer of his property without due process of law. What are the taxpayer's remedies against wrongful action on the part of those in charge of tax administration? How may due process of law be secured to him in tax administration matters? The purpose of this note is to review some of the principal remedies, with especial reference to the equitable remedy of injunction, …

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The Doctrine Of "Hot Pursuit"--A New Application Mar 1928

The Doctrine Of "Hot Pursuit"--A New Application

Michigan Law Review

A recent decision of the United States District Court for the District of South Carolina involves a point apparently unique in the records of international law. The Vinces, a schooner of British registry, laden with a cargo of intoxicating liquors not under seal, was discovered by the United States Coast Guard cutter Mascoutin seven and one-half miles off the coast and within one hour's sailing distance from the United States headed in the direction of land. On being hailed by the Mascoutin, the Vinces turned about and headed for the high seas. The cutter followed in continuous chase and overtook …

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The "Fence" Jan 1928

The "Fence"

Michigan Law Review

Whenever crime is discussed, one's attention is invariably called to the person who actually commits crime, such as the bandit, the murderer, the automobile thief, etc.; and whenever the so-called crime wave gains such proportions as to arouse the public to a state of indignation, laws are passed and reforms instituted to make more certain the punishment of such criminals. Very often, however, one of the most vicious enemies of society is forgotten, because he practices his nefarious profession hidden from the eye of the public and under a cloak of respectability. I refer to the one who receives the …

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Telegraph, Telephone And Wireless-Tapping Jan 1928

Telegraph, Telephone And Wireless-Tapping

Michigan Law Review

A recent Federal case, Olmstead v. United States, suggests an interesting problem. Evidence obtained by Federal authorities, who tapped private telephone wires, was admitted in a criminal prosecution. It seems to be the general rule that fraudulently, wrongfully, or illegally procured evidence is admissible, if otherwise admissible. And certainly the courts have required telegraph companies to disclose messages to aid criminal prosecutions. Telegraph operators have been compelled to testify. And even where a state statute forbade disclosure of the message by the company, a subpoena duces tecum has compelled the production of a telegram to aid the courts. Testimony …

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Constitutional Law-Searches And Seisures-Distraction Between Searching A Building And An Automobile Without Warrant Nov 1927

Constitutional Law-Searches And Seisures-Distraction Between Searching A Building And An Automobile Without Warrant

Michigan Law Review

An officer observed the odor of boiling mash and fermentation issuing from the dwelling of the defendant. The officer, without warrant, entered the basement and there found the defendant operating two stills. Considerable whiskey was found stored within the room. Defendant was arrested and convicted. On appeal he contended that the search was unlawful. Held, the search without warrant was unreasonable and in violation of the Fourth Amendment to the Federal Constitution. Schroeder v. United States, 14 F. (2d) 500.

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Injunction Against Search By Police Officers Jun 1927

Injunction Against Search By Police Officers

Michigan Law Review

A nice equipoise of public and private interest is disclosed in the case of Des Moines Drug Co. v. Doe, in which the Iowa Supreme Court recently had occasion to consider questions raised by a bill in equity to enjoin a search by police officers endeavouring to enforce the liquor laws.

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Crimes-Defense Of Property Nov 1926

Crimes-Defense Of Property

Michigan Law Review

May one under any circumstances kill in order to prevent the loss or destruction of his property? By this question is meant killing solely to prevent loss or destruction of property; necessary homicide in self-defense is unquestionably justifiable. Much of the confusion on the question whether one may take life if necessary in defense of property is due, it seems, to a persistent tendency to treat the two questions as the same. It hardly needs statement that the body of law pertinent to self-defense is totally distinct fundamentally from that pertaining to one's powers in defense of his chattels. Practically, …

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Police Legislation Under Federal Powers May 1926

Police Legislation Under Federal Powers

Michigan Law Review

A recent case decided by the United States Supreme Court United States v. Daugherty (Jan. 4, 1926) 46 Su. Ct. 156 (Adv. Opn. 303) sustained a conviction and sentence under the Harrison Anti-Narcotic Act, 38 Stat. 785, for "making unauthorized sales of cocaine to three different persons on different days" The indictment was in three counts, one covering each sale involved. The sentence imposed was "five years on each of said three counts. * * * * Said term of imprisonment to run consecutively and not concurrently."

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Recent Important Decisions May 1926

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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International Law--Treaties--Are The Rum Tretaties Self-Executing? Jan 1926

International Law--Treaties--Are The Rum Tretaties Self-Executing?

Michigan Law Review

On May 22, 1924, the United States concluded a treaty with Great Britain by which the latter power agreed that it would raise no objection to the search and seizure of its ships by American authorities on the high seas, provided there was reason to suspect that such ships were committing or attempting to commit an offense against United States laws, and provided the search and seizure were made within an hour's run of the American coast. In return the United States conceded to British ships the privilege of bringing into its ports liquor in bond in their ship stores. …

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The Rights And Powers Of An Officer In Serving A Process, Woodson D. Scott Jan 1926

The Rights And Powers Of An Officer In Serving A Process, Woodson D. Scott

Kentucky Law Journal

No abstract provided.

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What Is An Unreasonable Search? Jan 1926

What Is An Unreasonable Search?

Michigan Law Review

In Carroll v. United States (1925) 267 U. S. 132, 45 Sup. Ct. 280, the Supreme Court held that there may be a reasonable search of an automobile without a search warrant. The recent case of Agnello v. United States (Oct. 12, 1925) 46 Sup. Ct. 4, goes far in the opposite direction with reference to the search of a dwelling house. In the latter case several defendants were convicted of conspiracy to violate the Harrison Drug Act, a felony under the federal law. Two government revenue agents had negotiated with defendants Alba and Centorino in the home of Alba …

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Justice And Constables--Civil And Criminal Liability For Unlawful Searches And Seizures, R. T. D. Dec 1925

Justice And Constables--Civil And Criminal Liability For Unlawful Searches And Seizures, R. T. D.

West Virginia Law Review

No abstract provided.

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Recent Important Decisions Dec 1925

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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The Effect Of Martial Law Upon The Soldier's Liability To The Citizen Jun 1925

The Effect Of Martial Law Upon The Soldier's Liability To The Citizen

Michigan Law Review

The recent case of Bishop v. Vandercook, 228 Mich. 299, raises a group of problems of grave importance, seldom discussed in the courts. Can martial law ever exist under our constitutional form of government, so that a soldier becomes privileged, for the time being, to invade the interests of private citizens in a way which the ordinary police powers would not warrant? When may such extraordinary law and extraordinary privilege exist? Is a soldier ever justified in acting under orders given by his superior under supposed martial law when martial law for some reason is not in force?

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Search Of Automobile Without Warrant--When Reasonable Jun 1925

Search Of Automobile Without Warrant--When Reasonable

Michigan Law Review

The enforcement of the National Prohibition Act has been responsible for raising the search and seizure question to a new height of importance. By Section 26 of that act, any officer discovering any person in the transportation of intoxicating liquors is to seize all such liquors being transported contrary to law. Obviously to secure a search warrant is impossible in the very nature of things the automobile, adapted to speed, is gone long before a warrant could be secured. And the employment of the automobile in the transportation of liquor is carried to such an extent that search and seizure …

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Co-Operation Between The Judiciary And The Police, John B. Waite Jun 1925

Co-Operation Between The Judiciary And The Police, John B. Waite

Articles

"The problem in which I have been interested is the reason for the great disproportion between the number of arrests by the police and the number of convictions resulting...." Professor Waite expresses his opinion that judges occasionally thwart police in their lawful activities out of distrust or ignorance of police practices by capriciously interfering with criminal procedure.

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Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson May 1925

Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson

Michigan Law Review

One of the most disputed present day questions is whether evidence obtained in violation of constitutional guarantees against unreasonable searches and seizures should be admissible. The case of Weeks v. United States is perhaps the leading authority upon the proposition that evidence procured by officers through unreasonable search is not admissible. The holding may be justified upon how theories, vis., (1) that the admission of the evidence substantially violates the rule against self-incrimination in the Fifth Amendment, (2) that the exclusion of the evidence is the only practical means of enforcing the guarantee against unreasonable searches and seizures.

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A Probation System In The United States Courts, Charles L. Chute Apr 1925

A Probation System In The United States Courts, Charles L. Chute

West Virginia Law Review

No abstract provided.

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Sheriffs And Constables--Liability In Bond For Malfeasance Of A Deputy, R. T. D. Apr 1925

Sheriffs And Constables--Liability In Bond For Malfeasance Of A Deputy, R. T. D.

West Virginia Law Review

No abstract provided.

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Crimes-Arrest-Reasonable Cause To Believe Feb 1925

Crimes-Arrest-Reasonable Cause To Believe

Michigan Law Review

The admission of evidence was objected to, in a recent case, on the ground that it had been illegally secured. Officers had arrested the defendant without a warrant, on a charge of illegally transporting liquor. He was in fact guilty of the offense for which arrested, but contended that the evidence secured by the arrest could not be used. The circuit court of appeals phrased the issue thus : ''Was there probable cause for the officers to believe (that the felony was being committed), or were the facts sufficient to give rise merely to a suspicion thereof? If the former, …

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Constitutional Law-Restricting Liberty Without Due Process Of Law-Extorted Confessions Feb 1925

Constitutional Law-Restricting Liberty Without Due Process Of Law-Extorted Confessions

Michigan Law Review

Of recent years the administration of criminal justice has increased many-fold, owing to the constantly increasing size of our great cities and the period of growing social unrest in which we find ourselves. Public opinion has demanded a more effective mode of dealing with those who break the law with seeming impunity. In view of this attitude it is only natural that in a particularly baffling crime the police should seek to obtain some clue of the criminals by grilling suspects. This has resulted in many cases in acts which to say the least are over-zealous. In a recent case …

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