Off the "Mapp": Parole Revocation Hearings and the Fourth Amendment

Notes Fourth Amendment Limitations on Probation and Parole Supervision

The assertion of fourth amendment rights by a probationer' or parolee2 suspected of renewed criminal activity creates a potential confrontation between a fundamental constitutional guarantee3 and society's legitimate interest in correctional programs which rehabilitate released offenders and prevent them from lapsing back into crime.4 Because courts refuse to apply the exclusionary rule5 to pro...

Fourth Amendment First Principles

The Limits of Fourth Amendment Injunctions

INTRODUCTION................................................................................... 127 I. THE LAW AND PRACTICE OF FOURTH AMENDMENT INJUNCTIONS ............................................................................ 129 II. THE DIFFICULTY WITH BROAD FOURTH AMENDMENT INJUNCTIONS ............................................................................ 133 CONCLUSION.............

The Fourth Amendment Third-Party Doctrine

In the 1970s, the Supreme Court handed down Smith v. Maryland and United States v. Miller, two of the most important Fourth Amendment decisions of the 20 th century. In these cases, the Court held that people are not entitled to an expectation of privacy in information they voluntarily provide to third parties. This legal proposition, known as the third-party doctrine, permits the government ac...

Off-label marketing and the First Amendment.

O December 3, 2012, a three­ judge panel of a U.S. appeals court took a controversial leap toward what some fear will be license by the courts to invalidate a host of state and federal regu­ lations, including some applica­ ble to health care. In recent years, the Supreme Court has broadened the reach of the First Amend­ ment, defining “protected speech” in such a way as to curtail or eliminate...