Jun 1, 2018 | Case Note, Fourth Amendment, Tammie Beassie Banko
By Tammie Beassie Banko Abstract To determine whether a state action violates the Fourth Amendment, the Supreme Court employs a balancing test, weighing on the one hand “the degree to which [the action] intrudes upon an individual’s privacy and . . . the degree to...
Jun 1, 2017 | Article, Fourth Amendment, Julian A. Cook III
By Julian A. Cook III Abstract On June 20, 2016, the United States Supreme Court decided Utah v. Strieff, a case that has received little public attention yet carries enormous implications. The case centered upon the exclusionary rule, which, as a general matter,...
Mar 1, 2017 | Case Note, Fourth Amendment
By Caroline Hunt Abstract In United States v. Allen, the Second Circuit faced the topic of a circuit split and held that in order to determine the constitutionality of “across the threshold” warrantless arrests, courts need only look to the location of the arrested...
Dec 1, 2014 | Article, Criminal Procedure, Evidence, Fourth Amendment, Jenia I Turner
By Jenia I. Turner Abstract Throughout South America, Southern and Eastern Europe, and East Asia, more than two dozen countries have transitioned to democracy since the 1980s. A remarkable number of these have adopted an exclusionary rule (mandating that evidence...
Mar 1, 2012 | Adrienne Lewis, Case Note, Fourth Amendment
By Adrienne Lewis Abstract In Bogan v. City of Chicago, the Seventh Circuit held that in § 1983 civil actions for unreasonable search, the plaintiff bears the burden of proving the absence of exigent circumstances. The Fourth Amendment protects “[t]he right of...
