Emasculation of Warrantless Search and Seizure Protections: A Perspective on Nebraska's Fourth Amendment Methodologies, The
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Authors
Rossi, Thomas A.
Issue Date
1980
Volume
13
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The realm of controversial fourth amendment issues is immense. It appears that the only conclusion that everyone might agree with is that fourth amendment law is in woeful straits. One area in this myriad of issues has recently been settled by the United States Supreme Court in Delaware v. Prouse. Prouse stands specifically for the proposition that random investigative stops of automobiles without cause are unreasonable under the fourth amendment. This holding rejects decisions to the contrary in several jurisdictions including Nebraska. In rejecting such stops without cause, attention is focused on the specific questions of what is probable cause and more generally what is the proper methodology for determining compliance with the fourth amendment? This article recognizes that the question of the propriety of stops without cause has been settled. The purpose herein is to examine, in the wake of Prouse, Nebraska's warrantless search and seizure methodology that involves probable cause and to assess the viability of that methodology in light of the purposes of the fourth amendment and United States Supreme Court precedent...
Description
Citation
13 Creighton L. Rev. 301 (1979-1980)
Publisher
Creighton University School of Law