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Bookmark or Share- Probable Cause Means Probable Cause: Why the Circuit Courts Should ...B.A. 2011, Indiana University; J.D. Candidate 2017, The University of Chicago Law School.
- Fourth Amendment Standing and the General Rule of WaiverAs noted by Anthony Amsterdam, two competing perspectives dominate Fourth Amendment jurisprudence.55 On the one hand, there is the “atomistic” perspective, which is the idea that the Fourth Amendment “should be viewed as a collection of protections of atomistic spheres of interest of individual citizens.”56 The Fourth Amendment protects ...
- Dwelling in Doubt: Do Tenants Have a Reasonable Expectation of Privacy ...The Fourth Amendment of the Constitution provides: “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.”1 A search “occurs when an expectation of privacy that society is prepared to consider reasonable is infringed.”2 The profoundness of this ...
- The Right to Silence v. The Fifth Amendment - University of ChicagoA plain-meaning reading of the Fifth Amendment means the government cannot require a person to be a witness against himself in any criminal case.187 Unlike the Fourth Amendment, which protects people from unreasonable governmental searches and seizures and often requires the judiciary to balance an individual’s interests against the ...
- Knock and Talks: Faithfully Applying Social Norms to Prevent ...I. Introduction. Under the Fourth Amendment, the home is protected as “first among equals.”1 Even before the founding, the common law declared property rights to be “sacred.”2 Despite these words of high reverence, a well-established doctrine of American law permits a police officer to approach any house in the country, at nearly any time, for any reason, and stand squarely on the ...
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