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Constitutional Law

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2013

Surveillance

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Quoted In Usa Today Article "Judge's Strike At U.S. Surveillance Won't Be Last Word", Jimmy Gurule Dec 2013

Quoted In Usa Today Article "Judge's Strike At U.S. Surveillance Won't Be Last Word", Jimmy Gurule

Jimmy Gurule

Jimmy Gurule was quoted in the USA Today article "Judge's strike at U.S. surveillance won't be last word" by Kevin Johnson and Richard Wolf on December 17, 2013. "It is not clear one way or another how this will be ultimately decided,'' said University of Notre Dame law professor Jimmy Gurule, who applauded Leon's decision as a "victory for the U.S. Constitution and the rule of law.''


Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan Nov 2013

Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan

Anil Kalhan

With the deployment of technology, federal programs to enlist state and local police assistance with immigration enforcement are undergoing a sea change. For example, even as it forcefully has urged invalidation of Arizona’s S.B. 1070 and similar state laws, the Obama administration has presided over the largest expansion of state and local immigration policing in U.S. history with its implementation of the “Secure Communities” program, which integrates immigration and criminal history database systems in order to automatically ascertain the immigration status of every individual who is arrested and booked by state and local police nationwide. By 2012, over one fifth …


The Davis Good Faith Rule And Getting Answers To The Questions Jones Left Open, Susan Freiwald Dec 2012

The Davis Good Faith Rule And Getting Answers To The Questions Jones Left Open, Susan Freiwald

Susan Freiwald

The Supreme Court’s decision in United States v. Jones clearly established that use of GPS tracking surveillance constitutes a search under the Fourth Amendment. But the Court left many other questions unanswered about the nature and scope of the constitutional privacy right in location data. A review of lower court decisions in the wake of Jones reveals that, rather than begin to answer the questions that Jones left open, courts are largely avoiding substantive Fourth Amendment analysis of location data privacy. Instead, they are finding that officers who engaged in GPS tracking and related surveillance operated in good faith, based …