Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Geofence Warrants: An Attack On The Fourth Amendment, Golden Gate University School Of Law
Geofence Warrants: An Attack On The Fourth Amendment, Golden Gate University School Of Law
GGU Law Review Blog
Imagine a world where a king could compel the search of anybody, anywhere, and for anything. This world inspired James Madison to draft the Fourth Amendment, and is also a world we are returning to. The Fourth Amendment was created to protect against indiscriminate general warrants used in Georgian England, which subjected colonists to unrestricted invasions of privacy. Today, these general warrants come with a new name and in a new form: geofence warrants. Geofence warrants permit law enforcement to obtain the location data of every person that was in a specific geographic area where a crime occurred, in an …
Fourth Amendment Protection In The Digital Age, Daniel Sorkin
Fourth Amendment Protection In The Digital Age, Daniel Sorkin
GGU Law Review Blog
The Supreme Court granted certiorari in Carpenter v United States, a case that offers the Court another opportunity to address how far Fourth Amendment protections against warrantless searches and seizures extend. Specifically, the issue before the Court was “whether the warrantless seizure and search of historical cell phone records revealing the locations and movement of a cell phone user over the course of 127 days is permitted by the Fourth Amendment.”
On appeal before the Sixth Circuit, a divided three-judge panel held that “no search occurred under the Fourth Amendment because Carpenter had no reasonable expectation of privacy in …
Supreme Court To Rule On Police Shooting Case: Excessive Force And Qualified Immunity, Natalie Lakosil
Supreme Court To Rule On Police Shooting Case: Excessive Force And Qualified Immunity, Natalie Lakosil
GGU Law Review Blog
Currently, a circuit split exists regarding the Ninth Circuit’s Provocation Rule. The deputies argue that Graham applies and that officers need to be free to make split‑second choices to respond to threats of force without stopping to replay their prior actions and evaluate whether someone might later accuse them of provoking the situation. Although this is true, some argue that officers should also be required to follow the Constitution in the first place and held liable if they cause the force to be used. The holding in Scott supports this type of analysis. While Graham allows for qualified immunity by …