Fourth Amendment

Nathan A. Frazier, Amending for Justice's Sake: Codified Disclosure Rule Needed to Provide Guidance to Prosecutor's Duty to Disclose

63 Fla. L. Rev. 771 (2011)| | | | ABSTRACT :: “I wouldn’t wish what I am going through on anyone,” Senator Ted Stevens commented after losing his seat in the United States Senate on November 18, 2008. Senator Stevens lost the race largely because a criminal conviction damaged his reputation. After Senator Stevens endured […]

Tim Sobczak, The Consent-Once-Removed Doctrine: The Constitutionality of Passing Consent from an Informant to Law Enforcement

62 Fla. L. Rev. 493 (2010) |   |   |   | ABSTRACT :: In 2002 Brian Bartholomew was charged with possession of methamphetamine. In hopes of obtaining leniency, Bartholomew chose to assist the Central Utah Narcotics Task Force as a confidential informant. As an informant, Bartholomew arranged to buy drugs from Afton Callahan […]

Jeff Fabian, Don't Tase Me Bro!: A Comprehensive Analysis of the Laws Governing Taser Use by Law Enforcement

62 Fla. L. Rev. 763 (2010) | | | | INTRODUCTION ::Financially destitute and homeless, a man began to sob after receiving a speeding ticket. When the man refused to sign the ticket, the ticketing officer arrested the man. The officer placed the man in handcuffs and began leading him to the patrol car. As […]

Dante P. Trevisani, Passenger Standing To Challenge Searches And Seizures: A Distinction without a Constitutional Difference

61 Fla. L. Rev. 329 (2009) | | | | INTRODUCTION :: On November 27, 2001, Deputy Sheriff Robert Brokenbrough noticed a Buick with expired registration tags. After verifying from the police dispatcher that the application for renewal tags was being processed, and therefore the Buick was not in violation of any traffic laws, he […]

F. Patrick Hubbard, In Honor of Walter O. Weyrauch: Substantive Due Process Limits on Punitive Damages Awards: "Morals Without Technique"?

60 Fla. L. Rev. 349 (2008) | | | | INTRODUCTION :: In a series of cases over the last two decades, the Supreme Court has used the Due Process Clause to establish a procedural and substantive framework for awarding punitive damages. Initially, the substantive aspects of this framework were sufficiently flexible and clear that […]

Michael J. Hooi, Qualified Immunity: When is a Loss Ultimately a Win?

60 Fla. L. Rev. 979 (2008) | | | | TEXT :: Scott v. Harris, 127 S. Ct. 1769 (2007) A Georgia sheriff’s deputy clocked Victor Harris driving seventy-three miles per hour in a fifty-five mile per hour zone. After Harris ignored the deputy’s signal to pull over for speeding, the deputy began a high-speed […]