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fourth amendment history
More than 10.000 documents for fourth amendment history
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Sep 11, 2001 marked a day of tragedy on which thousands of people lost their lives. As a result, the dangers of hijacking became a heightened subject of concern for America. However, increased security measures lead to a hard question regarding personal privacy and the right to travel. This Comment shows that a new Fourth Amendment approach is necessary to justify warrantless preflight searches of passengers boarding airliners because the prevailing approach is based on the misapplication of a set of exceptions to the Warrant Clause in the Fourth Amendment. This Comment shows that the history culminating in the Fourth Amendment demonstrates the importance of judicial review of searches by law enforcement officials in the Amendment. Therefore, the Supreme Court should create a sui generi...
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...S. C. §1983, claiming, inter alia, a Fourth Amendment violation. The District Court granted th...Nor does the Amendment's history, which is clear as to the Amendment's principal ta...
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... they needed to know about the amendment's history. After all, the right to be free from unreasonable...
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History and Scope of the Amendment . History .-Few provi...
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- Crime-Severity Distinctions and the Fourth Amendment: Reassessing Reasonableness in a Changing World
Adding to the Fourth Amendment "reasonableness" debate, Professor Bellin argues that the Supreme Court should factor in a new variable-crime severity-to determine whether a search is reasonable. After advocating for its adoption, the article presents a framework for incorporating crime severity into Fourth Amendment doctrine.
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... to link that story to the larger history of the Supreme Court itself--that is, to the shift...
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...Government Surveillance and the Fourth Amendment: An Inconsistent History A. The Evolutio...
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In the aftermath of September 11, 2001, Attorney General John Ashcroft authorized the U.S. government to use material-witness arrest warrants to detain and investigate terrorist suspects. At that time, existing law permitted this investigatory use, based primarily on the principle that subjective intent is irrelevant in the standard Fourth Amendment context. In al-Kidd v. Ashcroft, the Ninth Circuit Court of Appeals erred in denying former Attorney General Ashcroft qualified immunity. Ashcroft’s decision to permit the government to use a valid material-witness arrest warrant to detain Abdullah al-Kidd did not violate al-Kidd’s constitutional rights, regardless of the government’s subjective intent. Furthermore, assuming that the government’s actions were unconsti...
... unconstitutional” 96 and that “the history and purposes of the Fourth Amendment were known we...
