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44 Colum. J.L. & Soc. Probs. [i] (2010-2011)

handle is hein.journals/collsp44 and id is 1 raw text is: COLUMBIA JOURNAL OF LAW AND SOCIAL PROBLEMS Volume 44 Number 1 Fall 2010 Copyright @ 2010 by the Columbia Journal of Law and Social Problems, Inc. INTEGRATING THE SUBURBS: HARNESSING THE BENEFITS OF MIXED INCOME HOUSING IN WESTCHESTER COUNTY AND OTHER LOW-POVERTY AREAS......................................... 1 The opportunity for housing is the central goal of the Fair Housing Act. This can be enhanced through the creation of mixed-income housing developments, which increase the opportunity for integration and benefit those moving to a community, as well as those already there. In New Jersey, the decision in Southern Burlington County NAACP v. Mt. Laurel and the State's Fair Housing Act have not provided sufficient mechanisms to spur the creation of integrated affordable housing or mixed-income developments. Due to a recent housing settlement, Westchester County has the chance to integrate its low-poverty municipalities through mixed-income housing. To realize this opportunity, Westchester, and other counties and municipalities throughout the country, should enact legislation incentivizing mixed-income housing developments. THE PROTECTIVE SWEEP DOCTRINE: REAFFIRMING A LIMITED EXCEPTION................................................................. 33 In Maryland v. Buie, the U.S. Supreme Court articulated a standard defining the scope of a protective sweep that could be considered valid within the confines of the Fourth Amendment. This Note analyzes how state courts are applying the protective sweep standard defined in Buie and finds that courts tend to allow sweeps based on categorization rather than on articulable facts, as Buie requires. In order to prevent protective sweeps from becoming a default method for law enforcement officials to perform searches and seizures, this Note argues that courts need to be more selective about the facts they allow to justify these searches. The police must articulate specific facts demonstrating a reasonable suspicion, developed after they arrived, that another person is present and must provide a reasonable basis for believing that the person believed to be present is a danger to those at the scene.

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