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  1. njdiver

    Rights of citizens to inspect and copy public writings; exceptions. 2019-07-18

    Section 36-12-40 Rights of citizens to inspect and copy public writings; exceptions. http://www.mc-ala.org/Departments/Appraisal/RealProperty/Documents/Open%20Records.pdf State of Alabama - Open.alabama.gov
  2. njdiver

    2018 Code of Alabama Section 15-5-30 Authority of peace officer to stop and question.

    Section 15-5-30 Authority of peace officer to stop and question. 2018 Code of Alabama :: Title 15 - CRIMINAL PROCEDURE. :: Chapter 5 - SEARCHES AND SEIZURES. :: Article 2 - Searches, etc., of Persons in Public Places. :: Section 15-5-30 - Authority of peace officer to stop and question.
  3. njdiver

    Content Regulation and the First Amendment

    Content Regulation and the First Amendment Perhaps the most intriguing feature of contemporary first amendment doctrine is the increasingly invoked distinction between content-based and content-neutral restrictions on expression. Although the distinction has its roots in decisions of the 1930's...
  4. njdiver

    US Courts of Appeal on Public Filming 2019-05-20

    US Courts of Appeal on Public Filming Quotes and URLs
  5. njdiver

    US Courts of Appeal on Public Filming

    njdiver submitted a new document: US Courts of Appeal on Public Filming - US Courts of Appeal on Public Filming Read more about this document..
  6. njdiver

    Police Mistakes of Law

    Police Mistakes of Law This Article addresses something that most Americans would consider a constitutional impossibility: police officers stopping or arresting individuals for lawful behavior and courts deeming such seizures reasonable for Fourth Amendment purposes, thereby precluding...
  7. njdiver

    Making Mistakes about the Law: Police Mistakes of Law between Qualified Immunity and Lenity

    Making Mistakes about the Law: Police Mistakes of Law between Qualified Immunity and Lenity The law tolerates police mistakes in evaluating both what conduct violates the Fourth Amendment and whether there is a remedy available for any violation. In Heien v. North Carolina, the Supreme Court...
  8. njdiver

    QUALIFIED IMMUNITY FORMALISM: “CLEARLY ESTABLISHED LAW” AND THE RIGHT TO RECORD POLICE ACTIVITY

    QUALIFIED IMMUNITY FORMALISM: “CLEARLY ESTABLISHED LAW” AND THE RIGHT TO RECORD POLICE ACTIVITY The Supreme Court’s qualified immunity jurisprudence provides little guidance on a central component of the doctrine: the proper sources of “clearly established law.” As a result, lower courts often...
  9. njdiver

    Biometric Passwords and the Fifth Amendment: How Technology Has Outgrown the Right to Be Free From Self-Incrimination

    Biometric Passwords and the Fifth Amendment: How Technology Has Outgrown the Right to Be Free From Self-Incrimination Society is transitioning into a new era within the realm of passwords. The growing dependence on smartphones has led consumers to store extremely sensitive information on their...
  10. njdiver

    Police Reform and the Dismantling of Legal Estrangement

    Police Reform and the Dismantling of Legal Estrangement In police reform circles, many scholars and policymakers diagnose the frayed relationship between police forces and the communities they serve as a problem of illegitimacy, or the idea that people lack confidence in the police and thus are...
  11. njdiver

    Illegal Stops and the Exclusionary Rule: The Consequences of Utah v. Strieff

    Illegal Stops and the Exclusionary Rule: The Consequences of Utah v. Strieff https://docs.rwu.edu/cgi/viewcontent.cgi?article=1122&context=law_fac_fs
  12. njdiver

    TRANSPARENCY AND TRUTH DURING CUSTODIAL INTERROGATIONS AND BEYOND

    TRANSPARENCY AND TRUTH DURING CUSTODIAL INTERROGATIONS AND BEYOND https://www.bu.edu/bulawreview/files/2017/08/KLEIN.pdf
  13. njdiver

    Allowing Lawless Police Conduct in Order to Forbid Lawless Civilian Conduct: The Court Further Erodes the Exclusionary Rule in Utah v. Strieff

    Allowing Lawless Police Conduct in Order to Forbid Lawless Civilian Conduct: The Court Further Erodes the Exclusionary Rule in Utah v. Strieff...
  14. njdiver

    The Utah v. Strieff decision and the limits of the exclusionary rule

    The Utah v. Strieff decision and the limits of the exclusionary rule The "chicken or the egg problem" presents the dilemma of mutually dependent circumstances. It is an age-old question we have all encountered at some point in our lives — in a different idiomatic phrasing we would say we have a...
  15. njdiver

    The Supreme Court’s Quiet Assault on Civil Rights

    The Supreme Court’s Quiet Assault on Civil Rights The Supreme Court is quietly gutting one of the United States’ most important civil rights statutes. Only a movement can pressure Congress to act. https://www.dissentmagazine.org/article/supreme-court-assault-civil-rights-section-1983
  16. njdiver

    Criminal procedure and the good citizen

    Criminal procedure and the good citizen There is an aspect of criminal procedure decisions that has for too long gone unnoticed, unrecognized, and unremarked upon. Embedded in the Supreme Court’s criminal procedure jurisprudence—at times hidden in plain sight, at other times hidden below the...
  17. njdiver

    The Basics of Qualified Immunity: The Four U’s

    The Basics of Qualified Immunity: The Four U’s https://www.unlawfulshield.com/2018/07/the-basics-of-qualified-immunity/
  18. njdiver

    Suppression of Free Tweets: How Packingham Impacts the New Era of Government Social Media and the First Amendment

    Suppression of Free Tweets: How Packingham Impacts the New Era of Government Social Media and the First Amendment As social media popularity grows, so too does the constitutional conflicts between the First Amendment’s public forum doctrine and a public official’s social media. More and more...
  19. njdiver

    Twenty-First Century First Amendment: Public Forums in the Digital Age

    Twenty-First Century First Amendment: Public Forums in the Digital Age https://law.yale.edu/mfia/case-disclosed/twenty-first-century-first-amendment-public-forums-digital-age
  20. njdiver

    TESTILYING: POLICE PERJURY AND WHAT TO DO ABOUT IT

    TESTILYING: POLICE PERJURY AND WHAT TO DO ABOUT IT Police, like people generally, lie in all sorts of contexts for all sorts of reasons. This article has focused on police lying designed to convict individuals the police think are guilty. Strong measures are needed to reduce the powerful...

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