|
|
Kaupp v. Texas: breathing life into the Fourth Amendment.
- Article from:
-
Journal of Criminal Law and Criminology
- Article date:
-
March 22, 2004
- Author:
-
|
Copyright informationCOPYRIGHT 2004 Northwestern University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
I. INTRODUCTION
In Kaupp v. Texas, the United States Supreme Court held that the Fourth Amendment was violated when police officers, without probable cause, went to Robert Kaupp's house in the middle of the night, awakened him, handcuffed him, and brought him to the police station for questioning. (1) The Court found that a reasonable person in Kaupp's position would not have believed he was free to leave, or otherwise terminate the police encounter. (2) Thus, based on the record before the Court, the Court would have suppressed a confession made as a result of this illegal seizure, thereby reaffirming Fourth Amendment jurisprudence protecting citizens from unreasonable ...
Related newspaper, magazine, and journal articles:
|
The fourth amendment and the limits of theory: Local versus general...
St. John's Law Review;
July 1, 1998 ;
700+ words
......unanimous: The Supreme Court cases construing the Fourth Amendment are a mess...knowledge of the Fourth Amendment that animates...solution: The Supreme Court should adopt...that how the Fourth Amendment applies to...clearly by the Supreme ...
|
|
Watch what you type: As the FBI records your keystrokes, the fourth...
The American Criminal Law Review;
July 1, 2003 ;
700+ words
......inter alia, the Fourth Amendment.2 The article proceeds...commenting how the Fourth Amendment has "severely hampered...encroachment into Fourth Amendment protections, one...protect citizens' Fourth Amendment rights.5 From the...legislative guidance.8 The Supreme ...
|
|
What were they smoking?: the Supreme Court's latest step in a long,...
Journal of Criminal Law and Criminology;
September 22, 2002 ;
700+ words
......1) the United States Supreme Court addressed whether the use...requires a warrant under the Fourth Amendment. (2) The Court held that...approach to technology and the Fourth Amendment. Physical encroachment...clear violation of the Fourth Amendment. (6) As technology ...
|
|
A few new developments in the Fourth Amendment
The Army Lawyer;
April 1, 1999 ;
700+ words
......along the Fourth Amendment front. The Supreme Court has issued...from the Supreme Court and the military...important Fourth Amendment doctrines...the major Fourth Amendment case holdings by the Supreme Court and the military...
|
|
The Fourth Amendment and traffic stops: bright-line rules in conjunction...
Journal of Criminal Law and Criminology;
March 22, 1998 ;
700+ words
......United States Supreme Court addressed whether...held that the Fourth Amendment does not require...Colorado,(13) the Supreme Court held that the Fourth Amendment is enforceable...meaning of the Fourth Amendment only if, in...leave. (19) The Supreme ...
|
|
Square Pegs, Round Hole: The Fourth Amendment and Preflight Searches of...
Brigham Young University Law Review;
November 1, 2006 ;
700+ words
......culminating in the Fourth Amendment demonstrates...many ways, the Fourth Amendment is one of the...phrasing of the Fourth Amendment creates problems...While the Fourth Amendment begins by stating...because the Fourth Amendment prohibits...history of the ...
|
|
EDITORIAL: Court's decision attacks Fourth Amendment
University Wire;
December 8, 1998 ;
562 words
......U-WIRE) ANN ARBOR, Mich. -- The U.S. Supreme Court continued its assault on the Fourth Amendment last week, reinstating two drug convictions...spy on people in their houses. A 1988 Supreme Court ruling, Florida v. Riley, allowed police...
|
|
The fourth amendment in the hallway: do tenants have a constitutionally...
Michigan Law Review;
October 1, 2002 ;
700+ words
......INTERPRETING THE FOURTH AMENDMENT IS CONSISTENT WITH SUPREME COURT PRECEDENT...need for the Supreme Court to resolve this important Fourth Amendment issue. The...which prior Fourth Amendment questions...18) The Supreme Court subsequently...
|
|
Fourth Amendment - must police knock and announce themselves before...
Journal of Criminal Law and Criminology;
June 22, 1996 ;
700+ words
......United States Supreme Court addressed the...violates the Fourth Amendment.(2) This question...unreasonable under Fourth Amendment standards...the occupants Fourth Amendment interests...BACKGROUND A. THE FOURTH AMENDMENT 1. The Origins of the Fourth ...
|
|
Nine for the Fourth Amendment
The Washington Post;
December 12, 1992 ;
415 words
......that when the Fourth Amendment to the Constitution...decided by the Supreme Court on Tuesday...violation of his Fourth Amendment rights. His...unanimous U.S. Supreme Court has now disagreed...violation of the Fourth Amendment occurs ...
|
|
High-tech surveillance tools and the fourth amendment: Reasonable...
The American Criminal Law Review;
January 1, 2000 ;
700+ words
......seizure), the Fourth Amendment is not implicated...States,5 the Supreme Court of the United...techniques,x the Supreme Court promulgated a...occurred, bringing Fourth Amendment jurisprudence...trespass-based theory of Fourth Amendment ...
|
|
Terry and fourth amendment first principles
St. John's Law Review;
July 1, 1998 ;
700+ words
......Thirty years after the Supreme Court's landmark decision in...after the adoption of the Fourth Amendment, many lawyers, scholars...two centuries after the Fourth Amendment, we can, if we are wise...Terry can help us grasp Fourth Amendment first principles, and these...
|
|
Fourth Amendment In Trouble
Philadelphia Tribune, The;
July 26, 1994 ;
199 words
......Tribune, The 07-26-1994 Fourth Amendment In Trouble. A governmental...private premises, the U.S. Supreme Court stated in a 1972 decision...detached magistrate." The Supreme Court's statements on Fourth Amendment protections came in...eroded by conservative ...
|
|
The Fourth Amendment: does it protect your garbage?
The Nation;
October 10, 1988 ;
700+ words
...On May 16, the Supreme Court added a new brush...question was whether the Fourth Amendment, which promises security...and code book, the Supreme Court, per Justice Frankfurter...interpretation of the Fourth Amendment. In People v. Krivda...
|
|
Practicing What the Court Preaches1-2007 New Developments in Fourth...
The Army Lawyer;
June 1, 2008 ;
700+ words
......hand, the U.S. Supreme Court avoided any...terms of defining Fourth Amendment jurisprudence...2006 Term U.S. Supreme Court Cases-Refining the Concept of Fourth Amendment Reasonableness...searches within the Fourth Amendment context? What...Last year, the ...
|
See all results.
Or, try our
Advanced Search.
|