Mar 15, 2014 | Case Comments, Number 1, Print Edition, Volume 47
The Fourth Amendment protects the right of the people to be free from “unreasonable searches and seizures.” Despite this constitutional guarantee, the Supreme Court has carved out numerous exceptions to the warrant requirement, most notably, allowances for searches...
Mar 15, 2014 | Case Comments, Number 1, Print Edition, Volume 47
Under established constitutional law, a police officer’s search or seizure premised on his mistake of law is typically held unconstitutional. Some jurisdictions, however, permit an officer to base his reasonable suspicion or probable cause on a reasonable mistake...
Mar 15, 2014 | Case Comments, Number 1, Print Edition, Volume 47
One of the critical elements of any action in negligence is the existence of a duty that one party owes to another. Generally a defendant has no duty to protect someone who is at risk due to occurrences that the defendant had no part in generating, but there are...