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Archive for the ‘411e’ Category

The Lifespan of Denial

[Read for "Third Party Consent"] In Georgia v. Randolph (2006), the Court held that one occupant can veto the consent to search given by another occupant. In Fernandez v. California (2014), the Court was asked to clarify how long such a veto lasts. If one resident denies consent, may the police return at a later time when that [...]

These Open Fields are HOT!

In Chapter 10, we return to the case of Kyllo v. US. In the Court’s decision in Kyllo v. US (2001), the majority held that the use by police of a thermal imaging camera to investigate the temperature of a house without a warrant was unconstitutional. However, the Court relied on a very interesting rationale: “Where, as here, [...]

The Life Span of a Denial of Consent

As per SCOTUSblog, “The Court agreed to spell out further whether police may enter a home, without a warrant, to make a search, when the home is occupied by two individuals but consent to search has been given only by one of them.  A Los Angeles man in the case urged the Court to hear it, to [...]

U.S. v. Robinson

U.S. v. Robinson 414 U.S. 218 (1973) 153 U.S.App.D.C. 114, 471 F.2d 1082, reversed REHNQUIST, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, WHITE, BLACKMUN, and POWELL, JJ., joined. POWELL J., filed a concurring opinion. MARSHALL, J., filed a dissenting opinion, in which DOUGLAS and BRENNAN, JJ., joined. MR. JUSTICE [...]

The Katz Brief

Below, find the bullet point version of the Katz brief, along with some discussion below. These are the types of things that you’ll want to include in your case briefs. It is obvious that you must communicate what the case is about, but the most important part of the brief is your discussion of the [...]