Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Criminal Law

Selected Works

Fourth amendment

Articles 1 - 6 of 6

Full-Text Articles in Entire DC Network

Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen E. Henderson Sep 2016

Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen E. Henderson

Stephen E Henderson

Chairman Barrington, Vice Chair Brooks, members of the Committee on Public Safety, Senators, and distinguished guests, I am grateful for the opportunity to speak to you today about unmanned aerial systems, or drones, and more particularly about their federal constitutional implications and what might be the constitutional restrictions on any legislation you might like to enact. I am the Judge Haskell A. Holloman Professor of Law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure and privacy, including the constitutional rights pertaining thereto.

My topic is not an easy one. The constitutional law …


A Fourth Amendment Theory For Arrestee Dna And Other Biometric Databases, David H. Kaye Mar 2016

A Fourth Amendment Theory For Arrestee Dna And Other Biometric Databases, David H. Kaye

David Kaye

Routine DNA sampling following a custodial arrest process is now the norm in many jurisdictions, but is it consistent with the Fourth Amendment? The few courts that have addressed the question have disagreed on the answer, but all of them seem to agree on two points: (1) the reasonableness of the practice turns on a direct form of balancing of individual and governmental interests; and (2) individuals who are convicted — and even those who are merely arrested — have a greatly diminished expectation of privacy in their identities. This Article disputes these propositions and offers an improved framework for …


Dna Database Trawls And The Definition Of A Search In Boroian V. Mueller, David H. Kaye Mar 2016

Dna Database Trawls And The Definition Of A Search In Boroian V. Mueller, David H. Kaye

David Kaye

As a general matter, once the government acquires information from a permissible search or seizure, it can use this information in later criminal investigations. Courts have applied this simple rule to uphold the indefinite reuse of DNA samples acquired from convicted offenders. This essay describes the First Circuit Court of Appeals’ reliance on the rule in rejecting a convicted offender’s claim that his DNA sample and profile had to be removed from the federal DNA databank after he completed his sentence. Acknowledging that the rule permitting reuse should not be applied mechanically, I argue that the rule's application to DNA …


The Right To A Fair Trial In The Age Of Facebook, Lori Andrews Dec 2014

The Right To A Fair Trial In The Age Of Facebook, Lori Andrews

Lori B. Andrews

No abstract provided.


“A More Majestic Conception:” The Importance Of Judicial Integrity In Preserving The Exclusionary Rule, Robert M. Bloom, David H. Fentin Oct 2013

“A More Majestic Conception:” The Importance Of Judicial Integrity In Preserving The Exclusionary Rule, Robert M. Bloom, David H. Fentin

Robert Bloom

In Mapp v. Ohio (1961), the Warren Court held that the so-called exclusionary rule was applicable to the states. Subsequent Supreme Courts have shown their disenchantment with the rule by seeking to curb its applicability. Most recently, the Court has characterized the exclusionary rule as a “massive remedy” to be applied only as a “last resort.” The Courts’ analytical framework for the last thirty-five years for cutting back the exclusionary rule was a balancing test which weighed the costs of suppressing reliable evidence with the benefits of deterring future police violations. This balancing has been used most recently in two …


“A More Majestic Conception:” The Importance Of Judicial Integrity In Preserving The Exclusionary Rule, Robert M. Bloom, David H. Fentin Oct 2011

“A More Majestic Conception:” The Importance Of Judicial Integrity In Preserving The Exclusionary Rule, Robert M. Bloom, David H. Fentin

Robert M. Bloom

In Mapp v. Ohio (1961), the Warren Court held that the so-called exclusionary rule was applicable to the states. Subsequent Supreme Courts have shown their disenchantment with the rule by seeking to curb its applicability. Most recently, the Court has characterized the exclusionary rule as a “massive remedy” to be applied only as a “last resort.” The Courts’ analytical framework for the last thirty-five years for cutting back the exclusionary rule was a balancing test which weighed the costs of suppressing reliable evidence with the benefits of deterring future police violations. This balancing has been used most recently in two …