This article discusses the current status of police in the United States--police can undertake any and all actions unrestrained by any law but their own. The post-Warren Supreme Courts have held that none of these police activities are searches and/or seizures, and in these courts\u27 Fourth Amendment jurisprudence, that means that these activities are not circumscribed by the Fourth Amendment at all. Thus, in terms of the Constitution, the police are without any judicial supervision and subject to no standards but their own whim. The article explores the reasons for this, and faults the Warren Court for its mishandling of two cases that form much of current Fourth Amendment jurisprudence-United States v. Katz and Terry v. Ohio
As this article explores, while the Fourth Amendment is commonly criticized for the discretion it af...
American police do a bit of everything. They direct traffic, resolve private disputes, help the sick...
The Supreme Court has cast judicial warrants as the Fourth Amendment gold standard for regulating po...
This article discusses the current status of police in the United States--police can undertake any a...
In this Article, I suggest that, while the Warren Court provided a needed tool to police, it failed ...
The Supreme Court has made the body of Fourth Amendment law too complicated, inconsistent, and confu...
Fifty years ago, the United States Supreme Court issued their opinion in Terry v. Ohio. The underpin...
Within policing, few legal principles are more widely known or highly esteemed than the “objective r...
The Supreme Court’s jurisprudence governing the Fourth Amendment’s “threshold”—a word meant to refer...
The standard story taught to American lawyers, purporting to describe the Warren Court’s criminal pr...
Terry v. Ohio changed everything. Before Terry, Fourth Amendment law was settled. The Fourth Amendme...
What role will the Fourth Amendment play in a world without police? As academics, activists, and law...
In Michigan Department of State Police v. Sitz, the Supreme Court rejected a fourth amendment challe...
This Article proposes that the Mendenhall-Royer standard, as presently interpreted, should be discar...
Fourth amendment critics rank in rows, and it has been repeatedly pointed out that individual cases ...
As this article explores, while the Fourth Amendment is commonly criticized for the discretion it af...
American police do a bit of everything. They direct traffic, resolve private disputes, help the sick...
The Supreme Court has cast judicial warrants as the Fourth Amendment gold standard for regulating po...
This article discusses the current status of police in the United States--police can undertake any a...
In this Article, I suggest that, while the Warren Court provided a needed tool to police, it failed ...
The Supreme Court has made the body of Fourth Amendment law too complicated, inconsistent, and confu...
Fifty years ago, the United States Supreme Court issued their opinion in Terry v. Ohio. The underpin...
Within policing, few legal principles are more widely known or highly esteemed than the “objective r...
The Supreme Court’s jurisprudence governing the Fourth Amendment’s “threshold”—a word meant to refer...
The standard story taught to American lawyers, purporting to describe the Warren Court’s criminal pr...
Terry v. Ohio changed everything. Before Terry, Fourth Amendment law was settled. The Fourth Amendme...
What role will the Fourth Amendment play in a world without police? As academics, activists, and law...
In Michigan Department of State Police v. Sitz, the Supreme Court rejected a fourth amendment challe...
This Article proposes that the Mendenhall-Royer standard, as presently interpreted, should be discar...
Fourth amendment critics rank in rows, and it has been repeatedly pointed out that individual cases ...
As this article explores, while the Fourth Amendment is commonly criticized for the discretion it af...
American police do a bit of everything. They direct traffic, resolve private disputes, help the sick...
The Supreme Court has cast judicial warrants as the Fourth Amendment gold standard for regulating po...