Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Entire DC Network
Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen E. Henderson
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 …
Ou Professor: Fourth Amendment At Heart Of Dispute Between Fbi, Apple, Stephen E. Henderson
Ou Professor: Fourth Amendment At Heart Of Dispute Between Fbi, Apple, Stephen E. Henderson
Stephen E Henderson
The dispute between the FBI and Apple Inc. over the unlocking of the iPhone used by one of the San Bernadino shooters is important to all Americans. And so it's good that it is getting a wide airing. But when it comes to issues that have complicated tradeoffs, it can be important not just that we have the conversation, but that we use the right words. And here the debate deserves very mixed reviews. . . .
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Stephen E. Henderson, Andrew G. Ferguson
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Stephen E. Henderson, Andrew G. Ferguson
Stephen E Henderson
What is the constitutional significance of the proverbial “keep off the grass” sign? This question—asked by curmudgeonly neighbors everywhere—has been given new currency in a recent decision by the United States Supreme Court. Indeed, Florida v. Jardines might have bestowed constitutional curmudgeons with significant new Fourth Amendment protections. By expressing expectations regarding—and control over—access to property, “the people” may be able to claim greater Fourth Amendment protections not only for their homes, but also for their persons, papers, and effects. This article launches a constitutionally grounded, but lighthearted campaign of citizen education and empowerment: Fourth Amendment LAWn signs. With every …
A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, Stephen E. Henderson
A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, Stephen E. Henderson
Stephen E Henderson
In Other People’s Papers, Jane Bambauer argues for careful reform of the Fourth Amendment’s third party doctrine, providing an important contribution to an increasingly rich field of scholarship, judicial opinion, statute, and law reform. Bambauer is especially concerned with access to bodies of third-party data that can be filtered and mined, as they can be privacy invasive but also effective and less subject to traditional investigative prejudices and limitations. Although her article provocatively overclaims in trying to set itself apart from existing proposals, by analyzing existing constitutional and statutory law—including what I have termed a “limited” third party doctrine—and comparing …
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Stephen E Henderson
When it comes to criminal investigation, time travel is increasingly possible. Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records. And those big data records not only store our past, but thanks to data mining they are in many circumstances eerily good at predicting our future. So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond? How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology? Is it meaningfully different …