Now showing items 1-6 of 6
Knowing "Consent" Means "Knowing Consent": The Underappreciated Wisdom of Justice Marshall's Schneckloth v. Bustamonte Dissent
(Mississippi Law Journal, 2009)
This Article argues that the majority opinion in the Supreme Court’s decision in Schneckloth v. Bustamonte, 412 U.S. 218 (1973), has led to a burgeoning jurisprudence of placing a premium on citizens’ ignorance of their ...
What Hath 9/11 Wrought?
Post-9/11 security measures in airports across the United States are infringing on everyday citizens’ Fourth Amendment rights. This article explores the astounding scope and number of searches and seizures performed by ...
The Exclusionary Rule as a Remedy
The United States Supreme Court currently views the exclusionary rule as a remedy instead of an inherent right. This article discusses why the exclusionary rule is not a right and how the exclusionary remedy should work. ...
Rethinking Search and Seizure in a Post-9/11 World
(Mississippi Law Journal, 2011)
In “Rethinking Search and Seizure in a Post-9/11 World”, author Arnold Loewy discusses whether 9/11 has truly had an impact on the way that courts decide Fourth Amendment cases. In a previous article, he argued that 9/11 ...
The Fourth Amendment: History, Purpose, and Remedies
In this symposium issue introduction, Professor Arnold H. Loewy provides a brief overview of the history of the Fourth Amendment, the values it was intended to promote, and the exclusionary rule as a remedy for Fourth ...
United States v. Jones: Return to Trespass—Good News or Bad
This article discusses United States v. Jones and its contribution to the current Fourth Amendment analysis. There is also a discussion of the trespass doctrine’s current and past effect on Fourth Amendment analyses. The ...