Mar 9, 2011 | Case Comments, Number 1, Print Edition, Volume 44
Article VI of the Constitution establishes the supremacy of federal law over the states, while the Eleventh Amendment grants the states immunity from suit without their consent. The incompatibility of these provisions becomes apparent, however, when a defendant state...
Mar 9, 2011 | Case Comments, Number 1, Print Edition, Volume 44
The Fourth Amendment to the United States Constitution guarantees that persons shall be free from searches that invade their reasonable expectation of privacy without a warrant issued on the basis of probable cause. Search incident to an arrest represents one of four...