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Wayne R. LaFave (born 1931) is an American legal scholar who specializes in the Fourth Amendment to the U.S. Constitution and serves as the David C. Baum Professor of Law Emeritus at the University of Illinois College of Law.
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Wayne R. LaFave (born 1931) is an American legal scholar who specializes in the Fourth Amendment to the U.S. Constitution and serves as the David C. Baum Professor of Law Emeritus at the University of Illinois College of Law.
LaFave was born in 1931. He attended the University of Wisconsin as an undergraduate, then studied at the University of Wisconsin Law School, where he earned Bachelor of Laws and Doctor of Juridical Science degrees.
He has been a faculty member at the University of Illinois College of Law since 1961. He was the first associate dean and the first named professor at the College. He has also taught at the University of Michigan Law School and Villanova University. He is a recognized expert on the Fourth Amendment law and has published a multi-volume treatise on the subject called Search and Seizure.
He has co-authored a seven volume treatise on Criminal Procedure. He is also the author of the Modern Criminal Law casebook and the Criminal Law hornbook. [1] His three-volume treatise on Substantive Criminal Law – first published in 1986 (in two volumes, co-authored with Austin W. Scott) and in its third edition (2018) as of 2022, of which the hornbook is an abridgement – is generally considered the standard contemporary reference on the subject, having been cited at least 40 times in decisions of the U.S. Supreme Court.
The Commentaries on the Laws of England are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford between 1765 and 1769. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs.
Mapp v. Ohio, 367 U.S. 643 (1961), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the exclusionary rule, which prevents prosecutors from using evidence in court that was obtained by violating the Fourth Amendment to the U.S. Constitution, applies not only to the federal government but also to the U.S. state governments. The Supreme Court accomplished this by use of a principle known as selective incorporation; in Mapp this involved the incorporation of the provisions, as interpreted by the Court, of the Fourth Amendment which is applicable only to actions of the federal government into the Fourteenth Amendment's due process clause which is applicable to actions of the states.
Terry v. Ohio, 392 U.S. 1 (1968), was a landmark U.S. Supreme Court decision in which the Court ruled that it is constitutional for American police to "stop and frisk" a person they reasonably suspect to be armed and involved in a crime. Specifically, the decision held that a police officer does not violate the Fourth Amendment to the U.S. Constitution's prohibition on unreasonable searches and seizures when questioning someone even though the officer lacks probable cause to arrest the person, so long as the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. The Court also ruled that the police officer may perform a quick surface search of the person's outer clothing for weapons if they have reasonable suspicion that the person stopped is "armed and presently dangerous." This reasonable suspicion must be based on "specific and articulable facts," and not merely upon an officer's hunch.
Bruce Robert Jacob is a former Assistant Attorney General for the State of Florida during the early 1960s. He represented Louie L. Wainwright, the Director of the Florida Division of Corrections, in the Supreme Court case of Gideon v. Wainwright, decided in March 1963, regarding the right to counsel of indigent defendants in non-capital felony cases in state courts. The attorney representing the Petitioner, Clarence Gideon, was Abe Fortas, a Washington, D.C. lawyer who later became a Justice of the Supreme Court. The previous 1942 Supreme Court case of Betts v. Brady required the appointment of counsel for an indigent defendant at state expense if there was a “special circumstance” present in the case which made it necessary for counsel to be provided for the defendant to receive a fair trial. For example, if the defendant was indigent and was extremely young, or lacked education or experience, was unfamiliar with court procedures, or if the charges against him were complex, the trial court was required under the Due Process Clause of the Fourteenth Amendment to appoint counsel. The Court in Gideon overruled Betts and required state courts to appoint attorneys for defendants in all felony prosecutions.
Katz v. United States, 389 U.S. 347 (1967), was a landmark decision of the U.S. Supreme Court in which the Court redefined what constitutes a "search" or "seizure" with regard to the protections of the Fourth Amendment to the U.S. Constitution. The ruling expanded the Fourth Amendment's protections from an individual's "persons, houses, papers, and effects", as specified in the Constitution's text, to include any areas where a person has a "reasonable expectation of privacy". The reasonable expectation of privacy standard, known as the Katz test, was formulated in a concurring opinion by Justice John Marshall Harlan II.
A casebook is a type of textbook used primarily by students in law schools. Rather than simply laying out the legal doctrine in a particular area of study, a casebook contains excerpts from legal cases in which the law of that area was applied. It is then up to the student to analyze the language of the case in order to determine what rule was applied and how the court applied it. Casebooks sometimes also contain excerpts from law review articles and legal treatises, historical notes, editorial commentary, and other related materials to provide background for the cases.
United States v. Leon, 468 U.S. 897 (1984), was a United States Supreme Court case in which the Court established the "good faith" exception to the Fourth Amendment exclusionary rule.
Beauharnais v. Illinois, 343 U.S. 250 (1952), was a case that came before the United States Supreme Court in 1952. It upheld an Illinois law making it illegal to publish or exhibit any writing or picture portraying the "depravity, criminality, unchastity, or lack of virtue of a class of citizens of any race, color, creed or religion". It is most known for giving a legal basis to some degree that forms of hate speech that may be deemed to breach US libel law are not protected by the First Amendment.
Northwestern University Pritzker School of Law is the law school of Northwestern University, a private research university. The law school is located on the university's Chicago campus. Northwestern Law is among the top ten most selective law schools.
Complicity is the participation in a completed criminal act of an accomplice, a partner in the crime who aids or encourages (abets) other perpetrators of that crime, and who shared with them an intent to act to complete the crime. A person is an accomplice of another person in the commission of a crime if they purpose the completion of a crime, and toward that end, if that person solicits or encourages the other person, or aids or attempts to aid in planning or committing the crime, or has legal duty to prevent that crime but fails to make an effort to prevent it properly.
Yale Kamisar was an American legal scholar and writer who was the Clarence Darrow Distinguished University Professor of Law Emeritus and Professor Emeritus of Law at the University of Michigan Law School. A "nationally recognized authority on constitutional law and criminal procedure", Kamisar is known as the "father of Miranda" for his influential role in the landmark U.S. Supreme Court decision in Miranda v. Arizona (1966).
Melville Bernard Nimmer was an American lawyer and law professor, renowned as an expert in freedom of speech and United States copyright law.
A legal treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates. There is no fixed usage on what books qualify as a "legal treatise", with the term being used broadly to define books written for practicing attorneys and judges, textbooks for law students, and explanatory texts for laypersons. The treatise may generally be loose leaf bound with rings or posts so that updates to laws covered by the treatise and annotated by the editor may be added by the subscriber to the legal treatise.
James Joseph "Jim" Tomkovicz is an American educator and legal scholar. He is a professor of law at the University of Iowa College of Law. Tomkovicz has authored six amicus curiae briefs in the Supreme Court of the United States; most recently, he was on the winning side of a 5–4 decision in Arizona v. Gant.
United States v. Robinson, 414 U.S. 218 (1973), was a case in which the United States Supreme Court held that "in the case of a lawful custodial arrest a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment, but is also a reasonable search under that Amendment."
Muehler v. Mena, 544 U.S. 93 (2005), was a unanimous decision by the United States Supreme Court, which held that the Fourth Amendment to the United States Constitution allows detention of an occupant in handcuffs while a search is being conducted, and that it does not require officers to have an independent reasonable suspicion before questioning a subject about their immigration status.
Gary B. Born is an international lawyer and academic. He is chair of the International Arbitration and International Litigation practices at the international law firm, Wilmer Cutler Pickering Hale and Dorr LLP, and the author of a number of commentaries, casebooks and other works on international arbitration and litigation.
Thomas Kevin Clancy is an American legal educator and lawyer. He is a professor emeritus at the University of Mississippi School of Law and lectures nationally on cyber crime and the Fourth Amendment, which regulates governmental searches and seizures. He previously served as the Director of the National Center for Justice and the Rule of Law at the University of Mississippi School of Law, where he was a Research Professor. He took emeritus status on July 1, 2014. Clancy received his B.A. from the University of Notre Dame, and is a graduate of Vermont Law School.
Hudson v. Palmer, 468 U.S. 517 (1984), is a United States Supreme Court case in which the Court held that prison inmates have no privacy rights in their cells protected by the Fourth Amendment to the United States Constitution. The Court also held that an intentional deprivation of property by a state employee "does not violate the Fourteenth Amendment if an adequate postdeprivation state remedy exists," extending Parratt v. Taylor to intentional torts.
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