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Academic Journals
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From:Corrections Caselaw Quarterly (Issue 26)U.S. Appeals Court SEARCHES Jordan Ex Rel. Johnson v. Taylor, 310 F.3d 1068 (8th Cir. 2002). An action was brought on behalf of an eight-year-old prison visitor who was subjected to a partial strip search without...
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From:Harvard Journal of Law & Public Policy (Vol. 36, Issue 2) Peer-ReviewedINTRODUCTION Every criminal procedure student learns on the first day of class that Fourth Amendment policy represents a zero-sum game: a constant struggle between the individual privacy of citizens and the needs of...
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From:Journal of Criminal Law and Criminology (Vol. 100, Issue 4) Peer-ReviewedThis Comment offers a critical analysis of the recent decision of the Ninth Circuit Court of Appeals in United States v. Comprehensive Drug Testing, Inc. First, the Comment discusses the facts of the case and the...
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From:Journal of Criminal Law and Criminology (Vol. 91, Issue 4) Peer-Reviewed
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From:Journal of Criminal Law and Criminology (Vol. 86, Issue 4) Peer-ReviewedThe Supreme Court ruling in Vernonia School District 47J v. Acton that random drug testing of high school student athletes without probable cause was constitutional because participation in extracurricular athletics...
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From:The FBI Law Enforcement Bulletin (Vol. 68, Issue 11)Issues discussed concern the legal aspects and constitutionality of police roadblocks to test for drivers under the influence of an illegal substance. Topics addressed include unreasonable searches and seizures versus...
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From:The FBI Law Enforcement Bulletin (Vol. 69, Issue 8)Determining Reasonable Suspicion The law enforcement profession is a precarious and perilous one. Its priorities are protecting the public and ensuring officer safety. Officers must be cautious because violence is...
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From:Journal of Criminal Law and Criminology (Vol. 104, Issue 3) Peer-Reviewed
Why so contrived? Fourth Amendment balancing, per se rules, and DNA databases after Maryland v. King
In Maryland v. King, 133 S. Ct. 1958 (2013), the Supreme Court narrowly upheld the constitutionality of routine collection and storage of DNA samples and profiles from arrestees. In doing so, it stepped outside the... -
From:Information Today (Vol. 22, Issue 10)The sensitive relationship between libraries and the USA PATRIOT Act is making headlines again. In August, a "member of the American Library Association" known only as John Doe filed a federal lawsuit after receiving a...
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From:Michigan Law Review (Vol. 98, Issue 3) Peer-Reviewed"The past is a foreign country: they do things differently there."(**) I. INTRODUCTION AND OVERVIEW Claims regarding the original or intended meaning of constitutional texts are commonplace in constitutional...
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From:Army LawyerThe last revolutionary case in search and seizure was Katz v. United States, (1) a 1967 case in which the U.S. Supreme Court redefined the concept of reasonable expectation of privacy. The most recent Supreme Court case...
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From:Michigan Law Review (Vol. 107, Issue 4) Peer-ReviewedThis Article offers a defense of the Fourth Amendment's third-party doctrine, the controversial rule that information loses Fourth Amendment protection when it is knowingly revealed to a third party. Fourth Amendment...
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From:Michigan Law Review (Vol. 102, Issue 5) Peer-ReviewedI thank Sherry Colb and Peter Swire for devoting their time and considerable talents to responding to my article, The Fourth Amendment and New Technologies: Constitutional Myths and the Case for Caution. I will conclude...
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From:The FBI Law Enforcement Bulletin (Vol. 76, Issue 3)At the Hometown, USA, High School, rumors abound that pictures of the high school's cheerleaders were being posted on the Internet. The school's principal, upon hearing the suspicions from several students, began...
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From:William and Mary Law Review (Vol. 60, Issue 3) Peer-ReviewedINTRODUCTION As of 2014, an estimated 575,000 undocumented immigrants called Houston, Texas home--making Houston the third largest major U.S. metropolitan area in terms of its total unauthorized immigrant population....
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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: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:Corrections Caselaw Quarterly (Issue 31)U.S. District Court SEARCHES Allegheny County Prison Emp. v. County of Allegh., 315 F.Supp.2d 728 (W.D.Pa. 2004). Employees at a county jail brought a suit challenging its employee search policy, which involved...
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From:Harvard Law Review (Vol. 134, Issue 3)CRIMINAL PROCEDURE--SEARCHES--SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS THAT CONTINUOUS, LONG-TERM POLE CAMERA SURVEILLANCE OUTSIDE HOMES IS A SEARCH UNDER STATE CONSTITUTIONAL LAW.--Commonwealth v. Mora, 150 N.E.3d...
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From:Harvard Law Review (Vol. 129, Issue 7)For fifty years, courts have used a "reasonable expectation of privacy" standard to define "searches" under the Fourth Amendment. As others have recognized, that doctrine is subjective, unpredictable, and conceptually...