All Articles tagged Fourth Amendment
New York Appeals
February 20, 2020 EDT This article examines ways to help reduce unwarranted instances of lethal force by law enforcement, examining the Fourth Amendment and New York Penal Law.
New York Appeals
September 13, 2019 EDT Under the Fourth Amendment, federal courts and many other state courts have determined that whether police officers acted lawfully hinges on whether the officers’ conduct was reasonable—plain and simple.
Justice Commentaries
July 17, 2018 EDT This article examines Fourth Amendment concerns raised by government drone surveillance in light of the Supreme Court’s recent decisions in cases dealing with new technologies.
State Constitutional Commentary
April 18, 2017 EDT State courts can interpret state common law and state constitutional provisions to extend civil rights protections that rise above the minimum floor established by the federal Constitution.
State Constitutional Commentary
December 02, 2015 EDT This note seeks to explore and reconcile the conflicts regarding the courts’ various decisions involving drug-detection dogs.
General
May 13, 2014 EDT This article discusses the importance of the reconciliation and the applicability of Harris and Jardines in the context of cases faced in the United States District Court for the Southern...
New York Appeals
March 03, 2013 EDT The New York City Criminal Court has largely ignored Fourth Amendment issues.
State Constitutional Commentary
August 08, 2009 EDT This article examines cases in which a federal prosecution is admitting evidence seized by government officials in violation of the constitution of the state where it was obtained.
General
January 01, 2007 EDT This article proposes that any intrusion with the purpose of obtaining physical evidence or information, either by a technological device or the use of the senses, is a search.