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The Issue of Stop and Frisks in New York City

By   /  April 15, 2013  /  4th Amendment, Constitutional Law, Online Exclusive 

Stop and Frisk

In Floyd v. New York, residents of New York City allege that the stop and frisk procedures used by the New York Police Department (“NYPD”) are unconstitutional. Specifically, residents claim that the police engage in racial profiling that targets minorities. It is well established that the Fourth Amendment protects individuals from “unreasonable searches and seizures.”

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Watch Your Step: Recovery for Inmate Slip and Fall

By   /  June 1, 2012  /  6th Amendment, Constitutional Law 

Prison Cell Block

It is necessary to determine which acts of a prison official constitute a violation of the Eighth Amendment. In Rodriguez v. City of New York, the Appellate Division, First Department addressed whether an inmate could recover damages after a slip and fall on flooded hallways in his facility. In the past, courts have found that slip and fall cases constitute negligence but do not violate the Eighth Amendment.

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Turn-Coat Disclosure: The Importance of Following Procedure

By   /  June 1, 2012  /  5th Amendment, Constitutional Law 

Grand Jury Room

In Turturro v. City of New York, the Supreme Court of the State of New York held that the defendant’s use of grand jury minutes from a prior related criminal proceeding, for the purpose of impeaching a witness in the subsequent civil proceeding, was precluded. The decisions from the United States Supreme Court case, Brady v. Maryland, and the New York Court of Appeals case, People v. Rosario, are essential to analyzing the decision in Turturro and the potential impact such a decision will have, because they lay foundation for the issue of disclosure. In addition, the court in Turturro relied heavily on precedent, which suggested balancing the grand jury secrecy with the potential for serving a public purpose through disclosure. Such judicial discretion requires a standard procedure for disclosure. Although Turturro presents a unique situation, considering the Government is both in possession of the grand jury minutes and acting as defendant, the rationale set forth in these influential cases is useful in determining the impact Turturro will have on the judicial system.

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