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Academic Journals
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From:Stanford Law Review (Vol. 68, Issue 3) Peer-ReviewedMost judges, lawyers, and scholars take it for granted that to charge a criminal defendant, the government needs only probable cause of guilt. But in fact, probable cause represents a choice, not a fixed element of our...
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From:Stanford Law Review (Vol. 66, Issue 5) Peer-Reviewed
Probable cause, constitutional reasonableness, and the unrecognized point of a "pointless indignity"
IV. LEGALITY AS A SUPPLEMENT AND NOT A SUBSTITUTE To recap, the term "unreasonable," as used in the Fourth Amendment, is shape shifting. (153) It describes not one, but two distinct legal standards: a qualitative... -
From:Case Western Reserve Law Review (Vol. 66, Issue 4) Peer-ReviewedINTRODUCTION Twenty years ago a unanimous United States Supreme Court decided Whren v. United States, (1) a narcotics case resulting from a traffic stop, and held that when police officers make a traffic stop based...
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From:Fordham Urban Law Journal (Vol. 45, Issue 3)INTRODUCTION An officer illegally stops a man without reasonable suspicion, violating his Fourth Amendment right against unreasonable search and seizure. Based on information gained during this illegal stop, the...
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From:Loyola Law Review (Vol. 58, Issue 4)INTRODUCTION The amici curiae submit this Brief in support of Respondent, and urge the Court to affirm the decision of the Florida Supreme Court. INTEREST OF AMICI CURIAE (1) Amici curiae are professors and...
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From:ABA Journal (Vol. 97, Issue 5)A California appellate court's reversal of a drunk-driving manslaughter conviction is one of several cases pitting new technologies against long-held privacy principles. In May 2006, driver George Xinos struck and...
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From:Trial (Vol. 40, Issue 8)Whatever one's ideological bent, it is frustrating to see the Supreme Court build a doctrine on the shifting sands of illogical reasoning. Thornton v. United States, (1) with its expansion of the illogical "search...
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From:St. Thomas Law Review (Vol. 33, Issue 2)I. INTRODUCTION On March 13, 2018, Jason Serrano, who was recovering from abdominal surgery at the time, was riding in the passenger seat of his friend's car when they were pulled over by New York Police Department...
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From:Albany Law Review (Vol. 78, Issue 4)I. INTRODUCTION As law enforcement investigatory tools have become more enhanced, (1) courts have been faced with Fourth Amendment issues and have attempted to place limits on law enforcement when it comes to...
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From:Trial (Vol. 41, Issue 4)In Illinois v. Caballes, the Supreme Court held that using a drug-sniffing dog to inspect a car stopped for a traffic violation did not run afoul of the Fourth Amendment. (1) Chief Justice William Rehnquist did not...
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From:ABA Journal (Vol. 99, Issue 1)Tyler G. McNeely had been convicted of drunk driving twice before. Whether that influenced his thinking in the early morning hours of Oct. 3, 2010, isn't clear. But when McNeely was pulled over in Cape Girardeau, Mo.,...
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From:Law and Contemporary Problems (Vol. 73, Issue 3) Peer-ReviewedI INTRODUCTION Human beings often have difficulty applying abstract statistical information to concrete circumstances. In particular, we are more comfortable acting in a potentially harmful way when the...
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From:St. Thomas Law Review (Vol. 33, Issue 1)PROLOGUE: MY INTRODUCTION TOTHEFOURTHAMENDMENT CASES "Government cannot make us equal; it can only recognize, respect, and protect us as equal before the law." (1) My whole life I was taught that all men are not...
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From:Case Western Reserve Law Review (Vol. 63, Issue 3) Peer-ReviewedMost importantly, material witness detentions are not supposed to be used to detain persons suspected of criminal activity, lest any lower standards be used as an end-run around the normal protections afforded the...
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From:Albany Law Review (Vol. 74, Issue 3)With homicide your victim isn't going to be interviewed; their trauma is over. In most property crimes sure there is trauma, your car was stolen. But nothing can compare to sexual assault. We don't get enough training...
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From:University of Pennsylvania Law Review (Vol. 161, Issue 4)The Supreme Court has set forth in detail the standards that govern convicted prisoners' Eighth Amendment claims concerning their conditions of confinement, but has left undefined the standards for comparable claims by...
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From:Journal of Law, Medicine & Ethics (Vol. 34, Issue 1) Peer-ReviewedOn August 16, 2005, in Douglas v. Dobbs, the U.S. Court of Appeals for the Tenth Circuit found that an individual has a constitutionally protected right to privacy in her prescription drug records; however, the court...
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From:ABA Journal (Vol. 99, Issue 9)Imagine a police officer at roll call. He gets a printout stating that at a certain time, on a particular city block, there's a certain percentage chance that a burglary will take place. Motivated by the odds, the...
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From:Journal of Money, Credit & Banking (Vol. 38, Issue 2) Peer-ReviewedOne of the criticisms routinely advanced against models with staggered contracts is their inability to generate inflation persistence. This paper finds that staggered contracts a la Taylor are, in fact, capable of...
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From:Journal of Criminal Law and Criminology (Vol. 107, Issue 1) Peer-ReviewedFourth Amendment cases are replete with references to "purpose." Typically, these references pertain to the motivations of individual officers and occasionally to those of public institutions. That courts pay attention...