Magazine article from our research archive:
|
|
The Fourth Amendment's consent to entry exception: protecting the castle from the co-tenant's consent: Georgia V. Randolph.
- Article from:
-
Jones Law Review
- Article date:
-
March 22, 2007
- Author:
- Hines, Nicholas S.
|
Copyright informationCOPYRIGHT 2007 Thomas Goode Jones 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)
|
INTRODUCTION
In Georgia v. Randolph, the United States Supreme Court held that "a physically present co-occupant's stated refusal to permit entry prevails, rendering [a] warrantless search unreasonable and invalid as to him." (1) In Randolph, the Court attempted to draw a fine line to avoid undercutting earlier cases where the defendant was not on the premises but was in a nearby squad car (2) and where the "defendant was actually asleep in the apartment, and the police might have roused him with a knock on the door." (3) The Court drew the line by stating that "if a potential defendant with self-interest in objecting is in fact at the door and objects, the cotenant's ...
|
What were they smoking?: the Supreme Court's latest step in a long,...
Journal of Criminal Law and Criminology;
September 22, 2002 ;
McKenzie, Daniel;
787 words
......requires a warrant under the Fourth Amendment. (2) The Court held that...approach to technology and the Fourth Amendment. Physical encroachment without...a clear violation of the Fourth Amendment. (6) As technology has advanced...
|
|
The fourth amendment and the limits of theory: Local versus general...
St. John's Law Review;
July 1, 1998 ;
Allen, Ronald J; Rosenberg, Ross M;
787 words
......Supreme Court cases construing the Fourth Amendment are a mess that lacks coherence and...general theoretical knowledge of the Fourth Amendment that animates the cases. The commentators...commentators agree on what the proper Fourth Amendment theory is. Each focuses on different...
|
|
Watch what you type: As the FBI records your keystrokes, the fourth...
The American Criminal Law Review;
July 1, 2003 ;
Martin, Rachel S;
787 words
......Rights by striking, inter alia, the Fourth Amendment.2 The article proceeds to quote-in...General Ashcroft commenting how the Fourth Amendment has "severely hampered" FBI efforts...administration's encroachment into Fourth Amendment protections, one must decide which...
|
|
|
Kaupp v. Texas: breathing life into the Fourth Amendment.
Journal of Criminal Law and Criminology;
March 22, 2004 ;
Robinson, Denise;
787 words
......States Supreme Court held that the Fourth Amendment was violated when police officers...illegal seizure, thereby reaffirming Fourth Amendment jurisprudence protecting citizens...of a reasonable seizure. While the Fourth Amendment applies to both searches and seizures...
|
|
|
Terry and fourth amendment first principles
St. John's Law Review;
July 1, 1998 ;
Amar, Akhail Reed;
787 words
......seven-times-thirty years after the adoption of the Fourth Amendment, many lawyers, scholars, and judges...Terry and two centuries after the Fourth Amendment, we can, if we are wise, affirm insights...In short, Terry can help us grasp Fourth Amendment first principles, and these ...
|
|
|
Fourth Amendment - must police knock and announce themselves before...
Journal of Criminal Law and Criminology;
June 22, 1996 ;
Josephson, Mark;
787 words
......with a search warrant violates the Fourth Amendment.(2) This question had been left unanswered...a search warrant will violate the Fourth Amendment.(4) The Court's holding was based...forced entry is merely a factor in a Fourth Amendment reasonableness determination.(6) This...
|
|
Square Pegs, Round Hole: The Fourth Amendment and Preflight Searches of...
Brigham Young University Law Review;
November 1, 2006 ;
Minert, Steven R;
787 words
......searches constitutional under the Fourth Amendment?3 This Comment shows that a new Fourth Amendment approach is necessary to justify warrantless...exceptions to the Warrant Clause in the Fourth Amendment.4 Part II outlines how the history...
|
|
What is a search? Two conceptual flaws in Fourth Amendment doctrine and...
Stanford Law Review;
October 1, 2002 ;
Colb, Sherry F.;
787 words
......and Bank Records INTRODUCTION The Fourth Amendment protects [t]he right of the people...and seizures. (1) Ushering in modern Fourth Amendment doctrine, the Supreme Court held in...and later decisions affirmed, the Fourth Amendment gives individuals a reasonable expectation...
|
|
A few new developments in the Fourth Amendment
The Army Lawyer;
April 1, 1999 ;
Hudson, Walter M;
787 words
......has been relatively quiet along the Fourth Amendment front. The Supreme Court has issued...of cases, one might assume that the Fourth Amendment, despite all of its requirements and...the military courts leave important Fourth Amendment doctrines unchanged, and that few...
|
|
|
Search and seizure protections for undocumented aliens: The territoriality...
The American Criminal Law Review;
July 1, 1997 ;
Connell, James G III; Valladares, Rene L;
787 words
......have begun questioning whether the Fourth Amendment applies to undocumented aliens in...are entitled to receive any Fourth Amendment protection whatsoever."4 At least...within United States territory, the Fourth Amendment does not shield an undocumented alien...
|
|
|
The Fourth Amendment and traffic stops: bright-line rules in conjunction...
Journal of Criminal Law and Criminology;
March 22, 1998 ;
Mendelsohn, Aaron H.;
787 words
......voluntary.(2) The Court held that the Fourth Amendment does not require the application of...constitutions, rather than on the Fourth Amendment of the United States Constitution...A. ORIGINS AND APPLICATIONS OF THE FOURTH AMENDMENT The Fourth Amendment of the United...
|
|
EDITORIAL: Court's decision attacks Fourth Amendment
University Wire;
December 8, 1998 ;
Staff Editorial;
562 words
......Court continued its assault on the Fourth Amendment last week, reinstating two drug convictions...guests in a person's home under the Fourth Amendment, which prohibits unreasonable searches...home may claim the protection of the Fourth Amendment but one who is merely present with...
|
|
|
High-tech surveillance tools and the fourth amendment: Reasonable...
The American Criminal Law Review;
January 1, 2000 ;
Julie, Richard S;
787 words
...I. INTRODUCTION The Fourth Amendment to the Constitution guarantees...the historical development of Fourth Amendment jurisprudence over the past...assesses the applicability of the Fourth Amendment to their use. Part IV introduces...
|
|
The fourth amendment in the hallway: do tenants have a constitutionally...
Michigan Law Review;
October 1, 2002 ;
Lewis, Sean M.;
787 words
......Circuit II. BROADLY INTERPRETING THE FOURTH AMENDMENT IS CONSISTENT WITH SUPREME COURT PRECEDENT...III. A BROAD INTERPRETATION OF THE FOURTH AMENDMENT IS MOST CONSISTENT WITH THE AMENDMENT...apartment building for purposes of the Fourth Amendment. (4) The Sixth Circuit, on the ...
|
|
|
Respect and the Fourth Amendment.
Journal of Criminal Law and Criminology;
September 22, 2003 ;
Taslitz, Andrew E.;
787 words
...I. INTRODUCTION: THE FOURTH AMENDMENT AS A MERE TECHNICALITY One...nevertheless be at the center of all Fourth Amendment reasoning. (4) What respect...respect-based concerns should play in Fourth Amendment analysis. (5) Those concerns...
|
See all results.
Or, try our
Advanced Search.
|