Add to ORKGThis Article will reflect on (1) how the Whren v. United States failure to acknowledge what counts as a pretext accounts for the residual confusion as to whether or not Whren really has killed off the pretext argument in constitutional criminal procedure, and (2) the extent to which the Court in Sullivan compounded that failure, which I hope to lightly correct here by distinguishing motives from intentions and then by elaborating the role that each plays, or at least should play, in Fourth Amendment jurisprudence
Whren v. United States clarified the Supreme Court’s support of the practice of pretextual stops—usi...
Is there or isn\u27t there a “presumption against preemption”? The Supreme Court continues to mentio...
Recent decisions have signaled a subtle shift away from the Supreme Court\u27s categorical approach ...
This Article discusses the issue of pretext and whether evidence discovered by way of a pretext viol...
This Article first analyzes the debate between Professors John M. Burkoff and James B. Haddad over t...
In Whren v. United States, the United States Supreme Court held that a traffic stop is reasonable un...
This Article examines the problems with the Supreme Court\u27s holding in Kelo v. City of New London...
Pretextual detentions, arrests, and searches pose knotty fourth amendment problems. With an air of p...
One can only hope, to put it bluntly, that the Supreme Court majority in Villamonte-Marquez did not ...
This Note argues that the could have standard makes a mockery of the probable cause protections pr...
In the process of determining whether a peremptory strike is valid, lower courts rely on the TI.tie ...
This article previews the Supreme Court case Westinghouse Electric Corp. v. Vaughn, 466 U.S. 521 (19...
Despite numerous attempts to subject the use of pretext law enforcement stops to Alaska Constitution...
It is inescapable: there is a presumption in favor of preemption. Historically, the Supreme Court ha...
This Article addresses the connections among substance, procedure, and equality in the American work...
Whren v. United States clarified the Supreme Court’s support of the practice of pretextual stops—usi...
Is there or isn\u27t there a “presumption against preemption”? The Supreme Court continues to mentio...
Recent decisions have signaled a subtle shift away from the Supreme Court\u27s categorical approach ...
This Article discusses the issue of pretext and whether evidence discovered by way of a pretext viol...
This Article first analyzes the debate between Professors John M. Burkoff and James B. Haddad over t...
In Whren v. United States, the United States Supreme Court held that a traffic stop is reasonable un...
This Article examines the problems with the Supreme Court\u27s holding in Kelo v. City of New London...
Pretextual detentions, arrests, and searches pose knotty fourth amendment problems. With an air of p...
One can only hope, to put it bluntly, that the Supreme Court majority in Villamonte-Marquez did not ...
This Note argues that the could have standard makes a mockery of the probable cause protections pr...
In the process of determining whether a peremptory strike is valid, lower courts rely on the TI.tie ...
This article previews the Supreme Court case Westinghouse Electric Corp. v. Vaughn, 466 U.S. 521 (19...
Despite numerous attempts to subject the use of pretext law enforcement stops to Alaska Constitution...
It is inescapable: there is a presumption in favor of preemption. Historically, the Supreme Court ha...
This Article addresses the connections among substance, procedure, and equality in the American work...
Whren v. United States clarified the Supreme Court’s support of the practice of pretextual stops—usi...
Is there or isn\u27t there a “presumption against preemption”? The Supreme Court continues to mentio...
Recent decisions have signaled a subtle shift away from the Supreme Court\u27s categorical approach ...