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Full-Text Articles in Law
Bill Of Rights Nondelegation, Eli Nachmany
Bill Of Rights Nondelegation, Eli Nachmany
BYU Law Review
Speculation about the “revival” of the nondelegation doctrine has reached a fever pitch. Although the Supreme Court apparently has not applied the nondelegation doctrine to declare a federal statute unconstitutional since 1935, the doctrine may be making a comeback. The common understanding is that the nondelegation doctrine prohibits Congress from “delegating” legislative power to the executive branch. While the nondelegation doctrine may appear to be about limiting Congress, its ultimate target is delegation. But if the nondelegation doctrine is about policing delegation, then the Court has been regularly — and rigorously — applying the doctrine in a different context: In …
The Tesla Meets The Fourth Amendment, Adam M. Gershowitz
The Tesla Meets The Fourth Amendment, Adam M. Gershowitz
BYU Law Review
Can police search a smart car’s computer without a warrant? Although the Supreme Court banned warrantless searches of cell phones incident to arrest in Riley v. California, the Court left the door open for warrantless searches under other exceptions to the warrant requirement. This is the first article to argue that the Fourth Amendment’s automobile exception currently permits the police to warrantlessly dig into a vehicle’s computer system and extract vast amounts of cell phone data. Just as the police can rip open seats or slash tires to search for drugs under the automobile exception, the police can warrantlessly extract …
Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire
Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire
BYU Law Review
In Samson v. California, the Supreme Court upheld warrantless, suspicionless searches for parolees. That determination was controversial both because suspicionless searches are, by definition, anathema to the Fourth Amendment, and because they arguably undermine parolees’ rehabilitation. Less attention has been given to the fact that the implications of the case were not limited to parolees. The opinion in Samson included half a sentence of dicta that seemingly swept probationers into its analysis, implicating the rights of millions of additional people in the United States. Not only is analogizing parolees and probationers not logically sound because the two groups differ in …
Omg - Not Something To Lol About: The Unintended Results Of Disallowing Warrantless Searches Of Cell Phones Incident To A Lawful Arrest Comments, Parker Jenkins
Omg - Not Something To Lol About: The Unintended Results Of Disallowing Warrantless Searches Of Cell Phones Incident To A Lawful Arrest Comments, Parker Jenkins
Brigham Young University Journal of Public Law
No abstract provided.
Quasi-Constitutional Protections And Government Surveillance, Emily Berman
Quasi-Constitutional Protections And Government Surveillance, Emily Berman
BYU Law Review
The post-Edward Snowden debate over government surveillance has been vigorous. One aspect of that debate has been widespread criticism of the Foreign Intelligence Surveillance Court (FISC), alleging that the FISC served as a rubber stamp for the government, consistently accepting implausible interpretations of existing law that served to expand government surveillance authority; engaging in tortured analyses of statutory language; and ignoring fundamental Fourth Amendment principles. This Article argues that these critiques have entirely overlooked critical aspects of the FISC’s jurisprudence. A close look at that jurisprudence reveals a court that did, in fact, vigorously defend the interests customarily protected by …
Trespass And Deception, Laurent Sacharoff
Trespass And Deception, Laurent Sacharoff
BYU Law Review
Police routinely use deception to get into people’s homes without warrant or probable cause. They may pose as UPS delivery persons or homebuyers, or they may say they are looking for a kidnapping victim or a pedophile, when really they are looking for drugs or guns. Recent years have brought hundreds of reported decisions concerning such police ruses.
When the police lie about their identity or their purpose to enter a home, as when they pose as a homebuyer, the courts surprisingly, but routinely, approve these deceptions under the Fourth Amendment. Such intrusions, the courts reason, do not violate a …
Swearing By New Technology: Strengthening The Fourth Amendment By Utilizing Modern Warrant Technology While Satisfying The Oath Or Affirmation Clause, Andrew H. Bean
BYU Law Review
No abstract provided.
An Unreasonable Expectation? Warrantless Searches Of Cell Phones, Michael V. Hinckley
An Unreasonable Expectation? Warrantless Searches Of Cell Phones, Michael V. Hinckley
BYU Law Review
No abstract provided.
Social-Network Theory And The Diffusion Of The Search-And-Seizure Exclusionary Rule Among State Courts Between Weeks And Wolf, Laurence A. Benner, Robert Bird, Donald J. Smythe
Social-Network Theory And The Diffusion Of The Search-And-Seizure Exclusionary Rule Among State Courts Between Weeks And Wolf, Laurence A. Benner, Robert Bird, Donald J. Smythe
Brigham Young University Journal of Public Law
No abstract provided.
An "Objectively Reasonable" Criticism Of The Doctrine Of Qualified Immunity In Excessive Force Cases Brought Under 42 U.S.C. § 1983, Philip Sheng
Brigham Young University Journal of Public Law
No abstract provided.
Public Education And Student Privacy: Application Of The Fourth Amendment To Dormitories At Public Colleges And Universities, Bryan R. Lemons
Public Education And Student Privacy: Application Of The Fourth Amendment To Dormitories At Public Colleges And Universities, Bryan R. Lemons
Brigham Young University Education and Law Journal
No abstract provided.
New Jersey V. T.L.O.: School Searches And The Applicability Of The Exclusionary Rule In Juvenile Delinquency And Criminal Proceedings, Bryan Stoddard
New Jersey V. T.L.O.: School Searches And The Applicability Of The Exclusionary Rule In Juvenile Delinquency And Criminal Proceedings, Bryan Stoddard
Brigham Young University Education and Law Journal
No abstract provided.
Tase Me One More Time: An Analysis Of The Ninth Circuit’S Interpretation Of The Fourth Amendment, Qualified Immunity, And Tasers In Brooks V. City Of Seattle, Joseph G. Walker
Tase Me One More Time: An Analysis Of The Ninth Circuit’S Interpretation Of The Fourth Amendment, Qualified Immunity, And Tasers In Brooks V. City Of Seattle, Joseph G. Walker
BYU Law Review
No abstract provided.
Stripped Of Meaning: The Supreme Court And The Government As Educator, Justin R. Chapa
Stripped Of Meaning: The Supreme Court And The Government As Educator, Justin R. Chapa
Brigham Young University Education and Law Journal
No abstract provided.
Is Big Brother Watching You? United States V. Pineda-Moreno And The Ninth Circuit’S Dismantling Of The Fourth Amendment’S Protections, Phillip R. Sumpter
Is Big Brother Watching You? United States V. Pineda-Moreno And The Ninth Circuit’S Dismantling Of The Fourth Amendment’S Protections, Phillip R. Sumpter
BYU Law Review
No abstract provided.
Bombed Away: How The Second Circuit Destroyed Fourth Amendment Rights Of U.S. Citizens Abroad, Carla Crandall
Bombed Away: How The Second Circuit Destroyed Fourth Amendment Rights Of U.S. Citizens Abroad, Carla Crandall
BYU Law Review
No abstract provided.
Safford Unified School District #1 V. Redding: Why Qualified Immunity Is A Poor Fit In Fourth Amendment School Search Cases, Eric W. Clarke
Safford Unified School District #1 V. Redding: Why Qualified Immunity Is A Poor Fit In Fourth Amendment School Search Cases, Eric W. Clarke
Brigham Young University Journal of Public Law
No abstract provided.
Flexing Judicial Muscles: Did The Ninth Circuit Abandon Judicial Restraint In United States V. Comprehensive Druge Testing, Inc.?, Allen H. Quist
Flexing Judicial Muscles: Did The Ninth Circuit Abandon Judicial Restraint In United States V. Comprehensive Druge Testing, Inc.?, Allen H. Quist
Brigham Young University Journal of Public Law
No abstract provided.
Incorporating Fourth Amendment Standards In A Model Policy For School Officials Use Of Force To Restrain & Detain Students, Sean Croston
Incorporating Fourth Amendment Standards In A Model Policy For School Officials Use Of Force To Restrain & Detain Students, Sean Croston
Brigham Young University Education and Law Journal
No abstract provided.
"Move On" Orders As Fourth Amendment Seizures, Stephen E. Henderson
"Move On" Orders As Fourth Amendment Seizures, Stephen E. Henderson
BYU Law Review
No abstract provided.
Excluding The Exclusionary Rule: Extending The Rationale Of Hudson V. Michigan To Evidence Seized During Unauthorized Nighttime Searches, Jeffiy R. Gittins
Excluding The Exclusionary Rule: Extending The Rationale Of Hudson V. Michigan To Evidence Seized During Unauthorized Nighttime Searches, Jeffiy R. Gittins
BYU Law Review
No abstract provided.
Students' Fourth Amendment Rights And The Federal Judgeship: Examining The Link Between Political Appointments And Case Outcomes, Mario S. Torres Jr., Jacqueline Stefkovich
Students' Fourth Amendment Rights And The Federal Judgeship: Examining The Link Between Political Appointments And Case Outcomes, Mario S. Torres Jr., Jacqueline Stefkovich
Brigham Young University Education and Law Journal
No abstract provided.
Square Pegs, Round Hole: The Fourth Amendment And Preflight Searches Of Airline Passengers In A Post-9/11 World, Steven R. Minert
Square Pegs, Round Hole: The Fourth Amendment And Preflight Searches Of Airline Passengers In A Post-9/11 World, Steven R. Minert
BYU Law Review
No abstract provided.
Rights At United States Borders, Jon Adams
Rights At United States Borders, Jon Adams
Brigham Young University Journal of Public Law
No abstract provided.
Expanding Terry: Compulsory Identification In Hiibel V. Sixth Judicial District Court, Humbolt County , Trevor Hickey
Expanding Terry: Compulsory Identification In Hiibel V. Sixth Judicial District Court, Humbolt County , Trevor Hickey
Brigham Young University Journal of Public Law
No abstract provided.
Warrantless Home Arrests And Police Liability Under Utah Law, Matthew Bell
Warrantless Home Arrests And Police Liability Under Utah Law, Matthew Bell
BYU Law Review
No abstract provided.
Change And Continuity: A Historical Perspective Of Campus Search And Seizure Issues, Dana E. Christman
Change And Continuity: A Historical Perspective Of Campus Search And Seizure Issues, Dana E. Christman
Brigham Young University Education and Law Journal
No abstract provided.
How Random And Suspicionless May School Searches Be?: Doubting Joy V. Penn-Harris-Madison School Corporation, Jon Eskelsen
How Random And Suspicionless May School Searches Be?: Doubting Joy V. Penn-Harris-Madison School Corporation, Jon Eskelsen
Brigham Young University Education and Law Journal
No abstract provided.
Don't Rush To Abandon A Suspicion-Based Standard For Searches Of Public School Students, J. Nathan Jensen
Don't Rush To Abandon A Suspicion-Based Standard For Searches Of Public School Students, J. Nathan Jensen
BYU Law Review
No abstract provided.
United States V. Hotal: Determining The Role Of Conditions Precedent In The Constitutionality Of Anticipatory Warrants, Brett R. Hamm
United States V. Hotal: Determining The Role Of Conditions Precedent In The Constitutionality Of Anticipatory Warrants, Brett R. Hamm
BYU Law Review
No abstract provided.