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Conclusion. TOP. Ultimately, the government’s challenge to Fourth Amendment standing should be waived if not brought in the district court. The majority rule follows Supreme Court precedent that suggests that waiver is appropriate, and it prevents standing from being an unduly burdensome check on the exclusionary rule.
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 ...
Griffin was the first case that posited that certain “special needs” led to a recognition of less exacting Fourth Amendment standards to search probationers.182 While Griffin held that supervision, being a “special need” of the State, permitted a degree of infringement upon privacy, it also clarified that it upheld the search at issue ...
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 ...
Martinez, 538 U.S. 760, 788, n.3 (2003) (Opinion of Stevens, J.) (“A person’s constitutional right to remain silent is an interest in liberty that is protected against federal impairment by the Fifth Amendment and from state impairment by the Due Process Clause of the Fourteenth Amendment.”). 226 See Watts v.
The Forgotten Residents: Defining the Fourth Amendment “House” to the Detriment of the Homeless Lindsay J. Gus B.A. 2013, Tulane University; J.D. Candidate 2017, The University of Chicago Law School.
I. Introduction. The “cat’s paw” theory of liability, an employment law doctrine sometimes referred to as subordinate bias, establishes that in certain circumstances an employer may be held liable for the discriminatory and retaliatory actions of its employees.1 The cat’s paw2 doctrine has been applied to Title VII of the Civil Rights Act of 1964,3 as well as to federal employment ...
City of Los Angeles,19 individuals experiencing homelessness in Los Angeles sought injunctive relief against enforcement of an anti-camping ordinance restricting sleeping in public, claiming that enforcement of the ordinance violated the Eighth Amendment.20 Using the same reasoning from Robinson, the Ninth Circuit remarked that cities cannot ...
I. Introduction. TOP. The notion of an “absolute” First Amendment has been around for generations. 1 First Amendment absolutism was championed, although not with exactly that term, by Justices Hugo Black and William O. Douglas. 2 And numerous commentators, perhaps Alexander Meiklejohn most prominently, 3 have joined the absolutist parade. 4.
To avoid First Amendment concerns related to the freedom of private association, state statutes follow the Supreme Court in providing exceptions for private clubs.25 They prohibit discrimination only in places of public accommodation, which is defined slightly differently from state to state.26 The Supreme Court has noted that the First ...