Table Of Content

INDEX TO SEARCH AND SEIZURE LAW REPORT VOLUMES 21 and 22 (January 1994-December 1995) File this index as pages 177 to 182 to the Volume 21-22 binder. [References are to page numbers] ll Camara v. Municipal Court, see Vernonia School Aerial searches by police, see Searches and seizures of District 47J v. Acton, see also Warrants without air passengers and pilots probable cause Air passengers, searches of, see Searches and seizures Carroll v. U.S., see Vernonia School District 47] v. of air passengers and pilots Acton Arizona v. Evans, Supreme Court grants certiorari to Cloud, Morgan decide Leon extension, 56 Author of article, 89-96, 129-36 Armed forces, Fourth Amendment and, see Does the Computer Search and Seizure Working Group Fourth Amendment apply to the armed forces Drafter of guidelines, 113-20 Atneosen, Steven T., and Beverly J. Wolfe Computers, federal guidelines for searching and Authors of article, 73-80 seizing, see Federal guidelines for searching and seizing computers ¿ha Conflicting doctrines, Terry and Miranda Conclusion, 128 Bacigal, Ronald J. Early Terry and its relationship to Miranda, 121-23 Author of article, 49-56 Introduction, 121 Berkemer v. McCarty, see Conflicting doctrines, Terry Options and Miranda, see also Fourth Amendment and Miranda applicable to custodial Terry stops, 125-26 Miranda’s concept of custody Miranda inapplicable to all Terry encounters, 124-25 Borch, Frederic L., see Lederer, Fredric I., and Terry returned to intended contours, 126-28 Frederic L. Borch Recent expansion of Terry, 123-24 Border searches and Fourth Amendment rights Corr, Kevin Inbound searches Author of article, 161-67 Non-routine, 27-28 County of Riverside v. McLaughlin, see Warrantless Routine, 26-27 misdemeanor arrests and the Fourth Amendment Introduction, 25-26 Court-sanctioned stealth searches and seizures Outbound searches Advice to prosecutors and police agencies, 166 Non-routine, 28-30 Caselaw Routine, 28 Freitas, U.S. v., 162-65, 166-67 Routine search defined, 30-32 Johns, U.S. v., 163 Breyer, Stephen, Supreme Court Justice, see Justice New York Tel. Co., U.S. v., 162 Stephen Breyer and the Fourth Amendment Pangburn, U.S. v., 164-65 Brower v. County of Inyo, see Right of the people to be Sitton, U.S. v., 164 secure Villegas, U.S. v., 164-65 Buckstop operations, see Border searches and Fourth Conclusion, 166-67 Amendment rights Future trends, 166 Burkoff, John M., and Gabrielle S. Moses Heal, U.S. v., 165-66 Authors of article, 57-64 Introduction, 161-62 Crocker, Lawrence ~~ Author of article, 33-40 Custody, concept of, see Fourth Amendment and Calandra v. U.S., see Exclusionary rule, saving the Miranda’s concept of custody Caldwell, Harry M., see Kyriazis, Arthur J., and Harry M. Caldwell California v. Beheler, see Conflicting doctrines, Terry and Miranda, see also Fourth Amendment and Daniel, State v. (Florida), Reaffirmation of reasonable Miranda’s concept of custody officer pretext test, 176 California v. Hodari D., see Right of the people to be Davis v. Mississippi, see Warrants without probable secure cause Does the Fourth Amendment apply to the armed Minnesota v. Dickerson, 66-67 forces Federal guidelines for searching and seizing computers Addendum, 103 Describing the items to be seized, 118-19 Conclusion, 102-3 Drafting a warrant to seize information, 116-17 Cox view of search and seizure in the armed forces Handling multiple sites in different districts, 117 (U.S. v. Lopez), 101 Hardware Fourth Amendment likely does not apply fully to As an instrumentality of the offense, 115-16 armed forces, 99-101 As contraband or fruits of crime, 114-15 Need for Supreme Court resolution, 98-99 As evidence of an offense, 116 Obtaining Supreme Court review, 101-2 Independent component doctrine, 114 Overview, 97-98 Seizing, 114 Drug exception to Fourth Amendment, see Vernonia Information at an unknown site, 117-18 School District 47J v. Acton Introduction, 113-14 Drug war, see Searches and seizures of air passengers No-knock warrant, seeking authority for, 119-20 and pilots Fifth Amendment protection against compelled self- incrimination, see Fourth Amendment and -E- Miranda’s concept of custody Fourth Amendment and Miranda’s concept of custody Exclusionary rule, see $19,047 in U.S. Currency Beheler and Berkemer, 20-21 (Rodriguez), U.S. v., see also Police perjury and the Conclusion, 24 Fourth Amendment Custody, essential predicate of Miranda, 19-20 Exclusionary rule, inevitable discovery exception to, Introduction, 17-19 see Immunized testimony, inevitable discovery Limits of shared values, 22-24 exception to exclusionary rule Stops and arrests, concepts of, 21-22 Exclusionary rule, saving the Fourth Amendment, armed forces and, see Does the Conclusion, 40 Fourth Amendment apply to the armed forces Contingent violation theory, 35-36 Fourth Amendment, central meaning of Enforcement clause Conclusion, 16 Compatibility with case language, 36-38 Overview, 9-10 Compatibility with normative interpretation, 38 Rational police intrusions or warrants, 10-11 Compatibility with text and history of constitution, Reasonableness model, 14-15 38 Text and meaning, 11-12 Implicit in Fourth Amendment, 36 Theoretical prospects, 15-16 Relevance of stare decisis, 39-40 Warrantless searches vs. judges and magistrates, 12-14 Introduction, 33 Fourth Amendment, drug exception to, see Vernonia Mapp v. Ohio School District 47J v. Acton Downfall of, 34-35 Fourth Amendment, legal pragmatism and, see Essential deterrent sanction argument, 34 Pragmatism, rules and the Fourth Amendment Extended violation argument, 34 Fourth Amendment opinions of Justice Stephen Implied privilege argument, 33-34 Breyer, see Justice Stephen Breyer and the Fourth Problem after Calandra and Leon, 35 Amendment Ezeiruaku, U.S. v., see Border searches and Fourth Fourth Amendment, police perjury and, see Police Amendment rights perjury and the Fourth Amendment Fourth Amendment rights, border searches and, see a. Border searches and Fourth Amendment rights Fourth Amendment, rules and, see Pragmatism, rules Factors for reasonable suspicion, when black and poor and the Fourth Amendment means stopped and frisked Fourth Amendment, warrantless misdemeanor arrests, Conclusion, 71-72 see Warrantless misdemeanor arrests and the From Terry forward, how much is enough to stop and Fourth Amendment frisk, 65-66 Franks, U.S. v., see Justice Stephen Breyer and the Implications, 68-70 Fourth Amendment Introduction, 65 Freitas, U.S. v., see Court-sanctioned stealth searches Proposals, 70-71 and seizures Reasonable suspicion, location plus evasion equals Frisking under Terry Automatic frisks in drug cases, 68 Analysis, 139-41 Evasion of police cases, 67 Conclusion, 143 Location and evasion cases, 67-68 From Terry to present, Supreme Court cases, 137-38 Location cases, 67 Introduction, 137 Proliferation of automatic frisk, 138-39 Joyce, State v. (Connecticut), Warrantless analysis of Proposed rules for frisks, 141-43 clothing held unconstitutional, 80 Justice Stephen Breyer and the Fourth Amendment hs Anello, U.S. v., probable cause to arrest, 60-61 Beltran, U.S. v., exigency for warrantless searches, 58— Gerstein v. Pugh, see Warrantless misdemeanor arrests 59 and the Fourth Amendment Berryman, U.S. v., seizures; consent, 63-64 Godsey, Mark A. Butler, U.S. v., probable cause; good-faith exception, author of article, 120-28 61 Gonzalez-Rivera v. INS, Stop made on basis of Hispanic Conclusion, 64 appearance required exclusion of evidence in INS Cox, U.S. v., consent to search, 61 proceeding, 72 Daoust, U.S. v., plain view; protective sweeps, 59 Griffin v. Wisconsin, see Warrants without probable Doe, U.S. v., seizure of personal effects, 60 cause Doherty, U.S. v., plain view searches, 60 Donlan, U.S. v., consent searches; exigency, 59 a Gendron, U.S. v., anticipatory warrants, 57 Guarino, U.S. v., search warrants, 63 Harris, David A. Irizarry, U.S. v., standing, 64 Author of article, 65-72, 137-43 Jodoin, U.S. v., seizures, 62-63 Hayes v. Florida, see Warrants without probable cause Kincaid, U.S. v., pretext searches, 61-62 Hazelwood v. State (Alaska), see Immunized testimony, Levy, U.S. v., search of in-transit passengers, 60 inevitable discovery exception to exclusionary rule Maldonado-Espinosa, U.S. v., consent searches, 58 and Navedo-Colón, U.S. v., consent searches, 57 Heal, U.S. v., see Court—ordered stealth searches and Paleo, U.S. v., stop and frisk, 58 seizures Parcel of Land and Residence Located Thereon at 5 Henry, U.S. v., Protective sweep of apartment after arrest Bell Rock Road, U.S. v., Franks hearings, 59-60 outside held justified, 143-44 Ramos-Morales, U.S. v., automobile impoundment, Hernandez, U.S. v., Stop based on alleged parking 57-58 violation held unconstitutional pretext to investigate Smith, U.S. v., seizure of evidence, 59 possible drug activity, 159 Strahan, U.S. v., inventory searches, 62 Tabares, U.S. v., search warrant probable cause, 58 ss Timpani, U.S. v., search warrants, 63 Wilkinson, U.S. v., trash searches; consent searches, 58 Illinois v. Gates, see Vernonia School District 47] v. Young, U.S. v., search warrants, 60 Acton Immunized testimony, inevitable discovery exception en to exclusionary rule and Analysis, 7-8 Kastigar v. U.S., see Immunized testimony, inevitable Conclusion, 8 discovery exception to exclusionary rule and Constitutional rights, vindication of Katz v. U.S., see Plain feel exception, parameters of, see Fourth Amendment, 4 also Right of the people to be secure Fifth Amendment, 5 Kyriazis, Arthur J., and Harry M. Caldwell Sixth Amendment, 4-5 Authors of article, 25-32 Historical background, 2 Immunity jurisprudence, inevitable discovery doctrine A crosses over to, 5-7 Introduction, 1-2 Laser, Rachel Karen Transactional immunity era, 2-3 Author of article, 169-76 Use and derivative use immunity, 3 Lederer, Fredric I., and Frederic L. Borch Use and derivative use immunity statutes, 3 Authors of article, 97-103 Ishmael, U.S. v., Warrantless use of thermal imager held Legal pragmatism, see Pragmatism, rules and the constitutional, 160 Fourth Amendment Leon, U.S. v./Leon good-faith exception, see Arizona v. Pr Evans, see also Court-sanctioned stealth searches and seizures, see also Exclusionary rule, saving the Jacoby, U.S. v., see Does the Fourth Amendment apply Limiting government power, see Fourth Amendment, to the armed forces central meaning of Johns, U.S. v., see Court-ordered stealth searches and Lopez, U.S. v., see Does the Fourth Amendment apply seizures to the armed forces -M- For residences, 146 Overview, 145-46 Maclin, Tracey Rationale for new procedures, 145 Author of article, 9-16 Orhorhaghe v. Immigration Naturalization Service, Mapp v. Ohio, see Exclusionary rule, saving the, see Administrative search based on foreign-sounding name also Police perjury and the Fourth Amendment held unconstitutional, 112 Martinez-Fuerte, U.S. v., see Vernonia School District 47] v. Acton -P- Massachusetts v. Sheppard, see Court-sanctioned stealth searches and seizures Pangburn, U.S. v., see Court-ordered stealth searches Miller, Jonathan Lewis and seizures Author of article, 105-12 Pellis, Mark D. Minnesota v. Dickerson, see Conflicting doctrines, Editor of guidelines, see Computer Search and Terry and Miranda, see also Factors for reasonable Seizure Working Group suspicion, when black and poor means stopped and Perjury, police, and Fourth Amendment, see Police frisked, see also Trine, State v. (Connecticut), see perjury and the Fourth Amendment also Plain feel exception, parameters of, see also Pilots, searches of, see Searches and seizures of air Unreasonable suspicion, relying on refusals to passengers and pilots support Terry stops Plain feel exception, parameters of Miranda v. Arizona/Miranda rights, see Conflicting Bright line rule, need for, 78 doctrines, Terry and Miranda, see also Fourth Conclusion, 80 Amendment and Miranda’s concept of custody Elements of plain view doctrine, 74-75 Mire, U.S. v., Consent to general search of bag held to Objective standard, 79-80 permit dismantling of shoe with oversized sole found Overview, 73 inside bag, 158-59 Plain view doctrine, 74 Mitchell, People v. (Illinois), Plain touch seizure held Plain view’s extension to other senses, 75-78 lawful under Illinois constitution, 167—68 Warrantless searches and seizures, 73-74 Montoya de Hernandez, U.S. v., see Border searches Workable standard, 78-79 and Fourth Amendment rights Police perjury and the Fourth Amendment Moses, Gabrielle S., see Burkoff, John M., and Exclusionary rule and police perjury, 130-31 Gabrielle S. Moses Fourth Amendment principles, 135-36 Introduction, 129 -N- O.J. Simpson case Detective Mark Furhman’s demeanor, 134 National Treasury Employees Union v. Von Raab, see Objective reasonableness, 133-34 Vernonia School District 47J v. Acton Substantive plausibility in hard cases, 132-33 Nelson, U.S. v., Search warrant for defendant’s person Warrantless investigation at estate, 132 held not to authorize body cavity search, 103-4 Reasons judges accept police perjury, 131 New York Tel. Co., U.S. v., see Court-ordered stealth Pragmatism, rules and the Fourth Amendment searches and seizures Balancing by the Warren Court, 91-92 $19,047 in U.S. Currency (Rodriguez), U.S. v., Exclu- Balancing supplants the warrant rule, 92-94 sionary rule held to apply in civil forfeiture proceed- Creating principled flexibility, 96 ing, 120 Legal pragmatism, 89-90 Pragmatism and the Fourth Amendment, 90-91 aa Rules and the Fourth Amendment, 95-96 Rules, institutional power and liberty, 94-95 On seizures and searches What is wrong with the Fourth Amendment, 89 Implementation Probable cause, see Warrants without probable cause Current exceptions to warrant requirement, 151 Supreme Court’s approach to Fourth Amendment En rights, 150-51 Warrant issuance system, 149-50 Reasonableness clause of Fourth Amendment, see Introduction, 145 Fourth Amendment, central meaning of Observations on seizure, 151—52 Reasonable suspicion, see Factors for reasonable Proposal and current law suspicion, when black and poor means stopped and For automobiles, 146-48 frisked For container as automobile, 149 Refusal to consent to search, see Unreasonable suspi- For containers, 146 cion, relying on refusals to support Terry stops For residence as automobile, 148 Richardson, Anita, Ph.D., J.D. Author of article, 153-58 to post office box constituted reasonable cause for Right of the people to be secure customs search, 56 Accidental seizures, 50-51 Terry v. Ohio, see Factors for reasonable suspicion, Applying Katz to attempted seizures, 55 when black and poor means stopped and frisked, Attempted seizures, 51-55 see also Frisking under Terry, see also Fourth Conclusion, 55-56 Amendment and Miranda’s concept of custody, see Introduction, 49-50 also Mitchell, People v. (Illinois), see also Plain feel Robertson, U.S. v., Plain view seizure of photos and exception, parameters of, see also Pragmatism, traffic tickets held unconstitutional, 40 rules and the Fourth Amendment, see also Right of Rotenberg, Daniel L. the people to be secure, see also Unreasonable Author of article, 145-52 suspicion, relying on refusals to support Terry stops, Rowland, Steven R., see Walsh, Charles J., and Steven see also Vernonia School District 47J v. Acton, see R. Rowland also Warrants without probable cause Rule-based decisionmaking, see Pragmatism, rules and Trine, State v. (Connecticut), Plain touch seizure held the Fourth Amendment unlawful under Connecticut constitution, 168 er Sue Schroeder, William A. Unreasonable suspicion, relying on refusals to support Author of article, 41-48 Terry stops Search and seizure, see Court-sanctioned stealth Conclusion, 176 searches and seizures, see also On seizures and Consent, 174 searches, see also Federal guidelines for searching Overview, 169 and seizing computers Police discretion, 175 Searches and seizures of air passengers and pilots Progeny of Terry, 171-72 Conclusion, 111-12 Prohibiting use of refusal as support for Terry stop, 174 Introduction, 105 Refusal as part of totality of the circumstances Passengers Cases allowing, 172-73 Consensual searches of, 105-6 Cases not allowing, 173-74 From abroad, 108 Refusal to consent as part of basis for Terry stop, 172 Search of luggage and effects, 106-7 Seizures, 174-75 Seizure of; drug courier profile, 107-8 Supreme Court Fourth Amendment jurisprudence, 169 Pilots, drug testing of, 108-10 Totality of circumstances test, 175-76 Police aerial investigation, 110-11 Types of searches Searching and seizing computers, federal guidelines Against a person’s will, 171 for, see Federal guidelines for searching and seizing Consensual searches, 170 computers Investigative, 171 Seizures and searches, proposed modifications to Overview, 169-70 procedures, see On seizures and searches Simpson, O.J., case, see Police perjury and the Fourth Prp Amendment Sitton, U.S. v., see Court-ordered stealth searches and Veras, U.S. v., Warrantless search of secret compartment seizures in back seat of car held constitutional as a search Skinner v. Railway Labor Executives’ Association, see incident to arrest, 136 Pragmatism, rules and the Fourth Amendment, see Vernonia School District 47J v. Acton also Vernonia School District 47J v. Acton Background, 155-56 Smith, State v. (North Carolina), Warrantless search of Certiorari granted by Supreme Court, 88 drug suspect which exposed him by pulling down his Decision and dissent, 156—58 pants on a city street held unconstitutional, 152 Future prospects, 158 Stealth searches and seizures, see Court-sanctioned Introduction, 153-54 stealth searches and seizures Villegas, U.S. v., see Court-ordered stealth searches Stern, Barry Jeffrey and seizures Author of article, 81-88 Streck, U.S. v., see Immunized testimony, inevitable -W- discovery exception to the exclusionary rule and Walsh, Charles J., and Steven R. Rowland m Authors of article, 1-8 Warrantless misdemeanor arrests and the Fourth Taghizadeh, U.S. v., Fact that package sent from Turkey Amendment Absence of facts for magistrate to evaluate, 48 Warrants without probable cause Conclusion, 48 Camara and variable probable cause, 81-82 Consequences of an arrest, 42 Challenge to defensive use of warrants, 82-83 Felony/misdemeanor distinction, 43-44 Conclusion, 88 Fourth Amendment, 42-43 Overview, 81 Fourth Amendment reasonableness generally, 43 Reconciling Camara, 83 Frustration of purpose, 45-47 Warrant clause Gerstein-McLaughlin hearings as a substitute for Plain meaning of, 83-86 warrant, 48 Trumping, 87 History and current practices, 47 Weakening Fourth Amendment protection, 87 In the courts, 41-42 Williamson, Richard A. Introduction, 41 Author of article, 17-24 Need for clear-cut rule, 47 Wills, State v. (Minnesota), Search of third person's safe Origin of common law rule, 41 located on search of premises held constitutional, 128 Overloading the warrant process, 48 Wilson v. Arkansas, Is knock-and-announce rule man- Reasonableness dated by Fourth Amendment; certiorari granted by And balancing of interests, 44-45 Supreme Court, 88 And current state practices, 45 Wolfe, Beverly J., see Atneosen, Steven T., and Beverly Reasons for dispensing with warrants, 45 J. Wolfe Reduced expectations of privacy, 47 Requirement of immediate arrest, 48 ES,¿ 3 Seriousness of the intrusion, 47 Warrant clause generally, 45 Young, State v. (Washington), Use of infrared thermal detection device held unconstitutional, 32