Unreasonable suspicion: relying on refusals to support Terry stops
Article Abstract:
Allowing law enforcement officers to use a person's refusal to consent to a search as a basis for a Terry v. Ohio 'stop and frisk' will further erode Fourth Amendment protections against unreasonable searches and seizures. The Terry stop has developed as a search limited in scope designed to ensure that a individual is not a safety risk to officers. The standard for making a Terry stop is 'reasonable and articulable suspicion,' which is lower than probable cause. To allow refusal to consent to be one of a series of factors considered by officers in forming a suspicion will make all such requests inherently coercive.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1995
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Marijuana hot spots: infrared imaging and the Fourth Amendment
Article Abstract:
Most courts considering whether use of infrared scanning technology to detect heat lamps used in marijuana cultivation have erroneously found that such detection is not a warrantless search triggering Fourth Amendment protections. The few courts that have explicitly considered the potential of sense-enhancing technologies have developed a workable framework for technology-based searches, but they have failed to draw the line at the proper point. The values that the Fourth Amendment was intended to serve suggest that infrared imaging of homes should be considered a search.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1996
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The Fourth Amendment and facilities inspections under the Chemical Weapons Convention
Article Abstract:
Important questions regarding searches and seizures of private US chemical weapon producers revolve around Congress' ratification of the Chemical Weapons Convention. Under the 4th Amendment of the US Constitution all warrantless searches are presumed unreasonable and unconstitutional. The approach to resolving this constitutional dilemma is to expand the national security exemption under the 4th Amendment, which will avoid future legislative and judicial conflicts over the effect of treaty provisions.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1998
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