This Note discusses the concept of standing as it relates to the fulfillment of the purposes of the exclusionary rule. It also discusses the relationship of privacy and property interests as they are used by the Court to define the scope of fourth amendment protections. I. Introduction II. The Facts of Rakas III. Historical Background IV. Analysis of the Decision … A. The Fall of Standing … 1. Rejection of a Target Theory of Standing … 2. Demise of “Legitimate Presence” Test … B. “Reasonable Expectations” after Rakas V. The Concurrence and Dissent VI. A Recommended Solution VII. Conclusio
This Note, by modifying certain aspects of the reasonable expectation of privacy test, offers a theo...
This Article does not endeavor to engage in a debate over the efficacy or deterrent effect of the ex...
(Excerpt) This Note concludes that the Arizona Supreme Court correctly applied the possession test a...
This Note discusses the concept of standing as it relates to the fulfillment of the purposes of the ...
The initial inquiry a court must make before considering a motion to suppress evidence based on an u...
This Comment will discuss the issue that the Supreme Court of Connecticut declined to decide in Moon...
In its recent decision in United States v. Carlisle, the Seventh Circuit made clear that challenging...
The Fourth Amendment was designed to be a barrier that protects citizens from unreasonable governmen...
This Article is about the misunderstood relationship between the Fourth Amendment and the positive l...
This article seeks for the very first time to inform that debate with a notion of property as an ess...
While there are a great many cases and commentaries treating fourth amendment rights, little attenti...
This Article attempts at a minimum to offer a common background and frame of reference for defining ...
This Article considers the role of property rights in defining Fourth Amendment searches. Since Unit...
For almost twenty years the Supreme Court has used the reasonable expectation of privacy formula i...
The Fourth Amendment exclusionary rule provides that a criminal defendant may suppress the fruits of...
This Note, by modifying certain aspects of the reasonable expectation of privacy test, offers a theo...
This Article does not endeavor to engage in a debate over the efficacy or deterrent effect of the ex...
(Excerpt) This Note concludes that the Arizona Supreme Court correctly applied the possession test a...
This Note discusses the concept of standing as it relates to the fulfillment of the purposes of the ...
The initial inquiry a court must make before considering a motion to suppress evidence based on an u...
This Comment will discuss the issue that the Supreme Court of Connecticut declined to decide in Moon...
In its recent decision in United States v. Carlisle, the Seventh Circuit made clear that challenging...
The Fourth Amendment was designed to be a barrier that protects citizens from unreasonable governmen...
This Article is about the misunderstood relationship between the Fourth Amendment and the positive l...
This article seeks for the very first time to inform that debate with a notion of property as an ess...
While there are a great many cases and commentaries treating fourth amendment rights, little attenti...
This Article attempts at a minimum to offer a common background and frame of reference for defining ...
This Article considers the role of property rights in defining Fourth Amendment searches. Since Unit...
For almost twenty years the Supreme Court has used the reasonable expectation of privacy formula i...
The Fourth Amendment exclusionary rule provides that a criminal defendant may suppress the fruits of...
This Note, by modifying certain aspects of the reasonable expectation of privacy test, offers a theo...
This Article does not endeavor to engage in a debate over the efficacy or deterrent effect of the ex...
(Excerpt) This Note concludes that the Arizona Supreme Court correctly applied the possession test a...