Birchfield V. North Dakota: Why the United States Supreme Court Should Rely on Riley V. California to Hold that Criminalizing a Suspect's Refusal to Consent to a Warrantless Blood Test Violates the Fourth Amendment

2016 ◽  
Author(s):  
Adam Lamparello ◽  
Cynthia G Swann
Keyword(s):  
United States ◽  
North Dakota ◽  
Supreme Court ◽  
Blood Test ◽  
Fourth Amendment ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme

A Content Analysis of Post-Jones Federal Appellate Cases

2017 ◽  
Vol 20 (2) ◽  
pp. 233-308
Author(s):  
Christopher Totten ◽  
James Purdon
Keyword(s):  
United States ◽  
Content Analysis ◽  
Supreme Court ◽  
Fourth Amendment ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Privacy Rights ◽  
Appellate Courts ◽  
Legal Test

The United States Supreme Court in 2012 in United States v. Jones changed the legal test for what constitutes a police search under the Fourth Amendment. After Jones, a search occurs when: (1) an individual’s privacy rights are violated (“Katz” test); and/or (2) an individual’s property is trespassed upon (“Jones” test). From 1967 until Jones, only the Katz test was used. In light of this significant change, this study explores two questions using a content analysis approach: (1) the choice of legal test used by federal appellate courts to decide the “search” question (i.e., the Jones test, Katz test, or both tests), and (2) these courts’ holding regarding whether a “search” occurred. Most of these courts are relying upon Jones in some fashion; however, Jones has not prevented these courts from frequently applying Katz. Though reliance on Jones alone has led to uniform determinations by courts of a “search” and hence enhanced Fourth Amendment protections, overall post-Jones there are nearly an equal number of courts finding a “search” and “no search.” When courts apply Katz alone to evaluate a search, they have held no search occurred. In sum, Jones’ impact on Fourth Amendment search law has been incremental and gradual.

Recent Legal Developments: Criminal Justice Decisions of the United States Supreme Court, 2,020 Term

2021 ◽  
pp. 073401682110595
Author(s):  
Craig Hemmens ◽  
Cortney Dalton ◽  
Christopher Dollar
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Supreme Court ◽  
Fourth Amendment ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Eighth Amendment

In this paper we review and analyze the criminal justice-related decisions of the 2,020 term of the United States Supreme Court. We also provide a summary of the Court’s voting patterns and opinion authorship. Thirteen of the Court’s 57 decisions touched on criminal justice. There were significant decisions involving the Fourth Amendment, the Eighth Amendment, and federal criminal statutes. Each of these is discussed in turn.

Strategy on the United States Supreme Court

2009 ◽  
Author(s):  
Saul Brenner ◽  
Joseph M. Whitmeyer
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme

This Honorable Court: A History of the United States Supreme Court

1965 ◽  
Vol 79 (1) ◽  
pp. 227
Author(s):  
Charles R. Cherington ◽  
Leo Pfeffer
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
History Of
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