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- Title
MUDDLING THROUGH THE PROBLEM OF CONSTRUCTIVE ENTRY: COMMENTS ON UNITED STATES V. ALLEN, 813 F.3D 76 (2D CIR. 2016), AND WARRANTLESS DOORWAY ARRESTS.
- Authors
Dow, Steven B.
- Abstract
The article discusses the court case United States v. Allen wherein the Second Circuit articulated an expansive view of privacy rights in the home with respect to the Fourth Amendment of the U.S. Constitution. The court rejected a narrow view of the Payton rule and adopted the broad view that the rule can be violated even if the police do not physically cross the threshold and enter the dwelling. The U.S. Supreme Court is advised to clarify issues relating to the case.
- Subjects
UNITED States; RIGHT of privacy lawsuits; ALLEN, Anthony; UNITED States. Court of Appeals (2nd Circuit); UNITED States. Constitution. 4th Amendment; SEARCHES &; seizures (Law); SEARCHES &; seizures of dwellings; ACTIONS &; defenses (Law)
- Publication
University of Pittsburgh Law Review, 2017, Vol 79, Issue 2, p243
- ISSN
0041-9915
- Publication type
Article
- DOI
10.5195/lawreview.2017.552