Trickle-Down Surveillance Tech and the Fourth Amendment

2018 ◽  
Author(s):  
Mailyn Fidler
Keyword(s):  
Fourth Amendment ◽  
Trickle Down

Crime Scene Searches: The Need for Fourth Amendment Compliance

1999 ◽  
Author(s):  
Kimberly Crawford
Keyword(s):  
Fourth Amendment ◽  
Crime Scene

Vehicle Pursuits and the Fourth Amendment: A Roadmap for Police

2007 ◽  
Author(s):  
Carl A. Benoit
Keyword(s):  
Fourth Amendment ◽  
Vehicle Pursuits

A study on the concept and reality of trickle-down effect

2018 ◽  
Vol 38 (2) ◽  
pp. 67-110
Author(s):  
홍운선 ◽  
윤용석
Keyword(s):  
Trickle Down

Dangerous Warrants

2017 ◽  
Author(s):  
Nirej Sekhon
Keyword(s):  
Supreme Court ◽  
Fourth Amendment ◽  
Constitutional Rights ◽  
Police Discretion ◽  
Accurate Identification ◽  
Race And Class ◽  
The Supreme Court ◽  
Local Courts ◽  
State And Local ◽  
Municipal Court

The Supreme Court has cast judicial warrants as the Fourth Amendment gold standard for regulating police discretion. It has embraced a "warrant preference" on the premise that requiring police to obtain advance judicial approval for searches and seizures encourages accurate identification of evidence and suspects while minimizing interference with constitutional rights. The Court and commentators have overlooked the fact that most outstanding warrants do none of these things. Most outstanding warrants are what this article terms "non-compliance warrants": summarily issued arrest warrants for failures to comply with a court or police order. State and local courts are profligate in issuing such warrants for minor offenses. For example, the Department of Justice found that the municipal court in Ferguson, Missouri issued one warrant for every two of its residents. When issued as wantonly as this, warrants are dangerous because they generate police discretion rather than restrain it. Nonetheless, the Supreme Court has, most recently in Utah v. Strieff, treated non-compliance warrants as if no different from the traditional warrants that gave rise to the Fourth Amendment warrant preference. This article argues that non-compliance warrants pose unique dangers, constitutional and otherwise. Non-compliance warrants create powerful incentives for the police to conduct unconstitutional stops, particularly in poor and minority neighborhoods. Their enforcement also generates race and class feedback loops. Outstanding warrants beget arrests and arrests beget more warrants. Over time, this dynamic amplifies race and class disparities in criminal justice. The article concludes by prescribing a Fourth Amendment remedy to deter unconstitutional warrant checks. More importantly, the article identifies steps state and local courts might take to stem the continued proliferation of non-compliance warrants.

The Trickle-Down Effect in Leadership Research: A Review and Prospect

2015 ◽  
Vol 23 (6) ◽  
pp. 1079 ◽  
Author(s):  
Zhen WANG ◽  
Haoying XU ◽  
Chenduo DU
Keyword(s):  
Leadership Research ◽  
Trickle Down

Sobriety Checkpoints: Roadblocks to Fourth Amendment Protections

1984 ◽  
Author(s):  
Steven P. Grossman
Keyword(s):  
Fourth Amendment

Randomization and the Fourth Amendment

2010 ◽  
Author(s):  
Bernard E. Harcourt ◽  
Tracey L. Meares
Keyword(s):  
Fourth Amendment
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