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Criminal Law

: Fourth Amendment

New law review article: "Fourth Amendment Remedial Equilibration: A Comment on Herring v. United StatesPearson v. Callahan

By John Wesley Hall, Jr.

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David B. Owens, Fourth Amendment Remedial Equilibration: A Comment on Herring v. United States and Pearson v. Callahan, 62 Stan. L. Rev. 563 (2010). Abstract: The Fourth Amendment protects the “right of the people to be secure ... against unreasonable searches and seizures,” but determining what this right means and how it should be vindicated has, to put it mildly, long been controversial. In fact, because of the “wide applicability of government intrusions, ranging from countless thousands of daily intrusions at airports, traffic stops, drug testing, traditional criminal law enforcement practices, regulatory intrusions[,] ... and many other searches and seizures, the Amendment is the most commonly implicated and litigated part of our Constitution...continue to full post

Full post as published by Fourth Amendment on April 23, 2010 (boomark / email).

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Supreme Court Hands Down Herring v. United States:

Herring v. United States, and "Who Are The Police"

Responding to Tom Goldstein on Herring:

The Surpassing Significance of Herring

Herring, Barney Fife, and Elephants

Assuming Violations of the Fourth Amendment and Then Deciding the Scope of the Exclusionary Rule:

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