Constitutional law -- Fourth Amendment -- Eleventh Circuit invalidates search because officers failed to inform bus passengers that they could withhold consent

Article Abstract:

The US Court of Appeals for the 11th Circuit, in United States v. Washington, defied the Supreme Court's admonition against per se Fourth Amendment rules. The Court of Appeals held that federal agents acted improperly when they searched a bus passenger without telling him that he could withhold consent. The decision thus sets up a bright-line rule despite the Supreme Court's preference for fact-oriented inquiries into the reasonableness of particular searches.

Consent (Law)

---

Constitutional law - Fourth Amendment - Seventh Circuit holds that random suspicionless drug testing of participants in extracurricular activities does not violate the Fourth Amendment

Article Abstract:

The US Court of Appeals for the 7th Circuit, in Todd v. Rush County Schools in 1998, ruled that random drug testing of high school students taking part in any extracurricular activity did not violate the Fourth Amendment. The Court thus expanded the special needs exception to the Fourth Amendment. However, the 7th Circuit erroneously disregarded the required showing of a correlation between participants in the extracurricular activities and drug use.

High school students, Mandatory drug testing, Drug testing, Probable cause

---

Constitutional law - Fourth Amendment - Seventh Circuit holds that drug interdiction roadblocks violate the Fourth Amendment - Edmond v. Goldsmith, 183 F.3d 659 (7th Cir. 1999)

Article Abstract:

A Seventh Circuit decision ruling unconstitutional Indianapolis, Indiana's use of roadblocks to search for illegal drugs is discussed. The author notes that the court's requirement for a showing of special need in the absence of individual suspicion lacks the definition necessary to prevent expansion of the exception from Fourth Amendment constraints.

Roadblocks (Police methods)

Similar abstracts:

• Abstracts: A new competition law regime for Australia. The future of long-term contracts under the Trade Practices Act. (Approval of the Competition Policy Reform Bill) (Australia)(Editorial)
• Abstracts: Election and statement requirements proliferate. Special issues for consolidated groups converting to S corporation status
• Abstracts: Electronic freedom of information. How the Electronic Freedom of Information Act Amendments of 1996 update public access for the Information Age
• Abstracts: The four doctrines of self-executing treaties. Breard and treaty-based rights under the consular convention. Breard and the federal power to require compliance with ICJ orders of provisional measures
• Abstracts: Criminal law - representing aliens. Criminal law; the causation chain. Criminal law; trial court conduct

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.