Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (211)
- Touro University Jacob D. Fuchsberg Law Center (195)
- Selected Works (163)
- William & Mary Law School (133)
- Seattle University School of Law (97)
-
- Washington and Lee University School of Law (86)
- Vanderbilt University Law School (83)
- UIC School of Law (67)
- University of Richmond (55)
- University of Washington School of Law (45)
- Maurer School of Law: Indiana University (43)
- Brigham Young University Law School (42)
- University of Florida Levin College of Law (42)
- American University Washington College of Law (37)
- West Virginia University (37)
- University of Kentucky (32)
- Villanova University Charles Widger School of Law (32)
- University of Maryland Francis King Carey School of Law (31)
- The Catholic University of America, Columbus School of Law (29)
- Cleveland State University (27)
- The University of Akron (27)
- University of Oklahoma College of Law (27)
- University of Arkansas at Little Rock William H. Bowen School of Law (25)
- Boston University School of Law (24)
- Notre Dame Law School (22)
- Penn State Law (22)
- Brooklyn Law School (20)
- Roger Williams University (20)
- University of Baltimore Law (20)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (20)
- Keyword
-
- Fourth Amendment (609)
- Privacy (273)
- Fourth amendment (250)
- Search and seizure (214)
- Police (177)
-
- Probable cause (129)
- Supreme Court (124)
- Search and Seizure (116)
- Searches (111)
- Exclusionary rule (106)
- Searches and Seizures (100)
- Search (96)
- United States Constitution 4th Amendment (94)
- Surveillance (91)
- United States Supreme Court (91)
- Constitutional Law (83)
- Evidence (74)
- Warrant (74)
- Reasonable suspicion (67)
- Constitutional law (65)
- Technology (64)
- Criminal procedure (63)
- Seizures (63)
- Constitution (61)
- Law enforcement (59)
- Fifth Amendment (56)
- Seizure (56)
- Warrants (52)
- 4th amendment (50)
- Due process (48)
- Publication
-
- Touro Law Review (188)
- Michigan Law Review (114)
- Faculty Scholarship (98)
- Seattle University Law Review (91)
- Articles (70)
-
- Faculty Publications (69)
- UIC Law Review (59)
- Vanderbilt Law Review (41)
- Supreme Court Case Files (38)
- William & Mary Bill of Rights Journal (38)
- Journal Articles (37)
- William & Mary Law Review (36)
- West Virginia Law Review (35)
- All Faculty Scholarship (34)
- Kentucky Law Journal (31)
- UF Law Faculty Publications (30)
- Washington Law Review (30)
- Vanderbilt Law School Faculty Publications (29)
- Akron Law Review (27)
- Scholarly Articles (26)
- Stephen E Henderson (26)
- Villanova Law Review (26)
- BYU Law Review (24)
- Oklahoma Law Review (24)
- Articles in Law Reviews & Other Academic Journals (23)
- University of Arkansas at Little Rock Law Review (23)
- University of Michigan Journal of Law Reform (23)
- University of Richmond Law Review (23)
- Cleveland State Law Review (18)
- Law Faculty Publications (18)
- Publication Type
Articles 91 - 120 of 2346
Full-Text Articles in Law
Policing The Police: Establishing The Right To Record And Civilian Oversight Boards To Oversee America’S Police, Michael G. Brewster
Policing The Police: Establishing The Right To Record And Civilian Oversight Boards To Oversee America’S Police, Michael G. Brewster
Brooklyn Law Review
Police misconduct is a persistent issue in the United States that undermines public trust in law enforcement and the criminal justice system as a whole. The video of George Floyd’s arrest and murder played an irreplaceable role in bringing attention to the case and sparking nationwide discussions about the state of policing in America. The video, showing former Minneapolis police officer Derek Chauvin kneeling on Mr. Floyd’s neck for several minutes, also helped convict Mr. Chauvin of murder at trial. Recording police activity is an important means of holding officers accountable for their actions and protecting citizens from abuse of …
Giving The Fourth Amendment Meaning: Creating An Adversarial Warrant Proceeding To Protect From Unreasonable Searches And Seizures, Ben Mordechai-Strongin
Giving The Fourth Amendment Meaning: Creating An Adversarial Warrant Proceeding To Protect From Unreasonable Searches And Seizures, Ben Mordechai-Strongin
University of Michigan Journal of Law Reform
For at least the past 40 years, police and prosecutors have had free reign in conducting illegal searches and seizures nominally barred by the Fourth Amendment. The breadth of exceptions to the warrant requirement, the lax interpretation of probable cause, and especially the “good faith” doctrine announced in U.S. v. Leon have led to severe violations of privacy rights, trauma to those wrongly searched or seized, and a court system overburdened by police misconduct cases. Most scholars analyzing the issue agree that the rights guaranteed by the Fourth Amendment—to be free from unreasonable search and seizure—have been severely eroded or …
Telegraph, Telephone And The Internet: The Making Of The Symbiotic Model Of Surveillance States, Dongsheng Zang
Telegraph, Telephone And The Internet: The Making Of The Symbiotic Model Of Surveillance States, Dongsheng Zang
Articles
In the early 2000s, shortly before the September 11 attacks, Daniel J. Solove noted that computer databases in the United States were controlled by public as well as private bureaucracies. In that sense, Solove argued, the "Big Brother" metaphor "fails to capture the most important dimension of the database problem." In his 2008 Lockhart lecture, constitutional law scholar Jack M. Balkin argued that the United States has gradually transformed from a welfare and national security state to a National Surveillance State: "a new form of governance that features the collection, collation, and analysis of information about populations both in the …
Extended Privacy For Extended Reality: Xr Technology Has 99 Problems And Privacy Is Several Of Them, Suchismita Pahi, Calli Schroeder
Extended Privacy For Extended Reality: Xr Technology Has 99 Problems And Privacy Is Several Of Them, Suchismita Pahi, Calli Schroeder
Notre Dame Journal on Emerging Technologies
Americans are rapidly adopting innovative technologies which are pushing the frontiers of reality. But, when they look at how their privacy is protected within the new extended reality (XR), they will find that U.S. privacy laws fall short. The privacy risks inherent in XR are inadequately addressed by current U.S. data privacy laws or courtcreated frameworks that purport to protect the constitutional right to be free from unreasonable searches. Many scholars, including Ryan Calo, Danielle Citron, Sherry Colb, Margaret Hu, Orin Kerr, Kirsten Martin, Paul Ohm, Daniel Solove, Rebecca Wexler, Shoshana Zuboff, and others, have highlighted the gaps in U.S. …
Privacy And Property: Constitutional Concerns Of Dna Dragnet Testing, E. Wyatt Jones
Privacy And Property: Constitutional Concerns Of Dna Dragnet Testing, E. Wyatt Jones
Honors Projects
DNA dragnets have attracted both public and scholarly criticisms that have yet to be resolved by the Courts. This review will introduce a modern understanding of DNA analysis, a complete introduction to past and present Fourth and Fourteenth Amendment jurisprudence, and existing suggestions concerning similar issues in legal scholarship. Considering these contexts, this review concludes that a focus on privacy and property at once, with a particular sensitivity to the inseverable relationship between the two interests, is Constitutionally consistent with precedent and the most workable means of answering the question at hand.
Search And Seizure Budgets, Kiel Brennan-Marquez, Stephen E. Henderson
Search And Seizure Budgets, Kiel Brennan-Marquez, Stephen E. Henderson
UC Irvine Law Review
This Article proposes a new means of restraining police power: quantitative limits on the number of law enforcement intrusions—searches and seizures—that may occur over a given period of time. Like monetary constraints, search and seizure budgets would aim to curb abusive policing and improve democratic oversight. But unlike their monetary counterparts, budgets would be indexed directly to the specific police activities that most enable escalation and abuse. What is more, budgets are a tool that finds support, conceptually, in the American framing experience. The Fourth Amendment has long been understood to require procedural limits, such as probable cause, on specific …
Pocket Police: The Plain Feel Doctrine Thirty Years Later, Kelly Recker
Pocket Police: The Plain Feel Doctrine Thirty Years Later, Kelly Recker
Michigan Law Review
The idea that a police officer can park in a low-income neighborhood, pull someone over because of their race, frisk everyone in the car, let them go if their pockets are empty, and do the whole thing over and over again until the officer finds something illegal seems deeply upsetting and violative, to say the least. And yet, pretextual traffic stops are constitutional per a unanimous Supreme Court in Whren v. United States, 517 U.S. 806 (1996), as is seizing obvious contraband during a frisk per Minnesota v. Dickerson, 508 U.S. 366 (1993). In the thirty years since …
Gone Fishing: Casting A Wide Net Using Geofence Warrants, Ryan Tursi
Gone Fishing: Casting A Wide Net Using Geofence Warrants, Ryan Tursi
Washington Law Review
Technology companies across the country receive requests from law enforcement agencies for cell phone location information near the scenes of crimes. These requests rely on the traditional warrant process and are known as geofence warrants, or reverse location search warrants. By obtaining location information, law enforcement can identify potential suspects or persons of interest who were near the scene of a crime when they have no leads. But the use of this investigative technique is controversial, as it threatens to intrude upon the privacy of innocent bystanders who had the misfortune of being nearby when the crime took place. Innocent …
When Taint Teams Go Awry: Laundering Unconstitutional Violations Of The Fourth Amendment, Edward S. Adams, William C. Price Jr.
When Taint Teams Go Awry: Laundering Unconstitutional Violations Of The Fourth Amendment, Edward S. Adams, William C. Price Jr.
Arkansas Law Review
In this Article, we examine the legal landscape in which taint teams operate, why taint teams are constitutionally problematic, and propose a solution to protect the attorney-client privilege. In Part I, we will first describe what taint teams are supposed to protect—attorney-client privilege. Next, we review how a taint team gets its documents to review, namely the doctrine surrounding (secret) search warrants. Part I ends with a non exhaustive summary of remedies available when attorney-client privilege is violated during searches. In Part II, we explain the current policies and practices surrounding taint teams, including sources of procedure for taint teams …
Justice For Dogs, Alexander J. Lindvall
Justice For Dogs, Alexander J. Lindvall
Arkansas Law Review
This Essay summarizes the Fourth Amendment’s protection of dogs. The Fourth Amendment protects people from unreasonable seizures. And nearly every circuit has held that it is unreasonable (and therefore unconstitutional) for an officer to shoot (seize) a dog without a very good reason. Killing a nonthreatening family pet is one of the most egregious forms of police misconduct. The courts rightfully recognize that the unjustified harming of a dog violates the Fourth Amendment.
The Long Road To Justice: Why State Courts Should Lower The Evidentiary Burden For Proving Racialized Traffic Stops And Adopt The Exclusionary Rule As A Remedy For Equal Protection Violations, Abby M. Fink
Washington Journal of Social & Environmental Justice
Racist and brutal policing continues to pervade the criminal legal system. Black and brown people who interact with the police consistently face unequal targeting and treatment. Routine traffic stops are especially dangerous and harmful and can lead to death. Under Whren, a police officer’s racist motivations or implicit bias towards a driver do not influence the constitutionality of a traffic stop. An officer only needs to show there was probable cause to believe a traffic stop occurred. Although the unconstitutionality of pre-textual traffic stops has been widely explored since Whren, both federal and state courts have struggled to find legal …
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 …
“Alexa, Am I A Murderer?”: An Analysis Of Whether The First Amendment Protects Smart Speaker Communications, Josie A. Bates
“Alexa, Am I A Murderer?”: An Analysis Of Whether The First Amendment Protects Smart Speaker Communications, Josie A. Bates
Arkansas Law Review
State v. Bates poses interesting First Amendment questions that go far beyond the case itself, such as whether communications to and from smart speakers are protected under the First Amendment and, if so, whether the government must therefore meet a heightened standard before obtaining information from these devices. But currently, there are no definite answers. Thus, this analysis will attempt to answer these questions as well as offer general guidance for the future of First and Fourth Amendment law in the age of ever-changing technological advancements and never-ending criminal accusations.
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
Faculty Articles
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 …
Crimes Of Suspicion, Lauryn P. Gouldin
Crimes Of Suspicion, Lauryn P. Gouldin
Emory Law Journal
Requiring that officers have suspicion of specific crimes before they seize people during stops or arrests is a fundamental rule-of-law limitation on government power. Until very recently, the Supreme Court studiously avoided saying whether reasonable suspicion for street and traffic stops must be crime specific, and lower courts are sharply divided as a result. Statements made in Kansas v. Glover that the Fourth Amendment requires reasonable suspicion of a “particular crime” or of “specific criminal activity” may reflect an effort to rehabilitate this foundational principle, but crime specificity was not the Court’s focus in Glover. Meanwhile, Fourth Amendment scholars, even …
Expanding The Sixth Amendment’S Right To Counsel To Ensure Fairness For Noncitizen Defendants, Kathy Santamaria Mendez
Expanding The Sixth Amendment’S Right To Counsel To Ensure Fairness For Noncitizen Defendants, Kathy Santamaria Mendez
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Privacy And National Politics: Fingerprint And Dna Litigation In Japan And The United States Compared, Dongsheng Zang
Privacy And National Politics: Fingerprint And Dna Litigation In Japan And The United States Compared, Dongsheng Zang
Articles
Drawing cases from two related areas of law-fingerprint and DNA (deoxyribonucleic acid) data-this Article proposes a modified framework, built on the Balkin-Levinson emphasis on national politics: First, national politics understood as partisan rivalry cannot account for what I call doctrinal lock-in in this Article, where I will demonstrate that in different stages of American politics-the Lochner era, the New Deal era, and Civil Rights era-courts across the nation ruled predominantly in favor of public data collectors-state and federal law enforcement in fingerprint cases. From the 1990s, when DNA data became hot targets of law enforcement, the United States Supreme Court …
Forensic Microbiome Evidence: Fourth Amendment Applications And Court Acceptance, Trason Lasley
Forensic Microbiome Evidence: Fourth Amendment Applications And Court Acceptance, Trason Lasley
Catholic University Journal of Law and Technology
No abstract provided.
On Warrants & Waiting: Electronic Warrants & The Fourth Amendment, Tracy Hresko Pearl
On Warrants & Waiting: Electronic Warrants & The Fourth Amendment, Tracy Hresko Pearl
Indiana Law Journal
Police use of electronic warrant (“e-warrant”) technology has increased significantly in recent years. E-warrant technology allows law enforcement to submit, and magistrate judges to review and approve, warrant applications on computers, smartphones, and tablets, often without any direct communication. Police officers report that they favor e-warrants over their traditional, paper counterparts because they save officers a significant amount of time in applying for warrants by eliminating the need to appear in-person before a magistrate. Legal scholars have almost uniformly praised e-warrant technology as well, arguing that use of these systems will increase the number of warrants issued throughout the United …
The Harmful Effects Of Expansive Immunity Protections For Child Abuse Reporters And The Lack Of Justice For Those Who Are Falsely Accused, Kristina Joslin
The Harmful Effects Of Expansive Immunity Protections For Child Abuse Reporters And The Lack Of Justice For Those Who Are Falsely Accused, Kristina Joslin
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Running A Red Light: How Pennsylvania Rushed To Its Destination And Failed To Define "Exigent Circumstances" In Commonwealth V. Alexander, Josephine L. Mlakar
Running A Red Light: How Pennsylvania Rushed To Its Destination And Failed To Define "Exigent Circumstances" In Commonwealth V. Alexander, Josephine L. Mlakar
Duquesne Law Review
The United States Supreme Court and the Pennsylvania Supreme Court both recognize an "automobile exception" to the warrant requirement pursuant to their respective constitutions. In 2014, the Pennsylvania Supreme Court adopted the federal automobile exception. Under the federal automobile exception, police can search a vehicle without a warrant where probable cause exists. In 2020, the Pennsylvania Supreme Court overruled its 2014 decision, and announced its official departure from federal standard. Now, police can search a vehicle without a warrant only upon a showing of both probable cause and exigent circumstances.
Adding an exigency component to the warrantless search requirement is …
The Empty Promise Of The Fourth Amendment In The Family Regulation System, Anna Arons
The Empty Promise Of The Fourth Amendment In The Family Regulation System, Anna Arons
Faculty Publications
Each year, state agents search the homes of hundreds of thousands of families across the United States under the auspices of the family regulation system. Through these searches—required elements of investigations into allegations of child maltreatment in virtually every jurisdiction—state agents invade the home, the most protected space in Fourth Amendment jurisprudence. Accordingly, federal courts agree that the Fourth Amendment’s warrant requirement applies to family regulation home searches. But almost universally, the abstract recognition of Fourth Amendment protections runs up against a concrete expectation on the ground that state actors should have easy and expansive access to families’ homes. Legislatures …
The Tesla Meets The Fourth Amendment, Adam M. Gershowitz
The Tesla Meets The Fourth Amendment, Adam M. Gershowitz
Faculty Publications
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 …
Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills
Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills
Seattle University Law Review
In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …
Warranted Exclusion: A Case For A Fourth Amendment Built On The Right To Exclude, Mailyn Fidler
Warranted Exclusion: A Case For A Fourth Amendment Built On The Right To Exclude, Mailyn Fidler
Law Faculty Scholarship
Searches intrude; fundamentally, they infringe on a right to exclude. So that right should form the basis of Fourth Amendment protections. Current Fourth Amendment doctrine-the reasonable expectation of privacy teststruggles with conceptual clarity and predictability. The Supreme Court's recent decision to overturn Roe v. Wade casts further doubt on the reception of other privacy-based approaches with this Court. But the replacement approach that several Justices on the Court favor, what I call the "maximalist" property approach, risks troublingly narrow results. This Article provides a new alternative: Fourth Amendment protection should be anchored in a flexible concept derived from property law-what …
When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar
When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar
Seattle University Law Review
The United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states. This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners …
Are Police Officers Bayesians? Police Updating In Investigative Stops, Jeffrey Fagan, Lila Nojima
Are Police Officers Bayesians? Police Updating In Investigative Stops, Jeffrey Fagan, Lila Nojima
Journal of Criminal Law and Criminology
Theories of rational behavior assume that actors make decisions where the benefits of their acts exceed their costs or losses. If those expected costs and benefits change over time, the behavior will change accordingly as actors learn and internalize the parameters of success and failure. In the context of proactive policing, police stops that achieve any of several goals—constitutional compliance, stops that lead to “good” arrests or summonses, stops that lead to seizures of weapons, drugs, or other contraband, or stops that produce good will and citizen cooperation—should signal to officers the features of a stop that increase its rewards …
The World Moved On Without Me: Redefining Contraband In A Technology-Driven World For Youth Detained In Washington State, Stephanie A. Lowry
The World Moved On Without Me: Redefining Contraband In A Technology-Driven World For Youth Detained In Washington State, Stephanie A. Lowry
Seattle University Law Review
If you ask a teenager in the United States to show you one of their favorite memories, they will likely show you a picture or video on their cell phone. This is because Americans, especially teenagers, love cell phones. Ninety-seven percent of all Americans own a cell phone according to a continuously updated survey by the Pew Research Center. For teenagers aged thirteen to seventeen, the number is roughly 95%. For eighteen to twenty-nine-year-olds, the number grows to 100%. On average, eight to twelve-year-old’s use roughly five and a half hours of screen media per day, in comparison to thirteen …
Is There A Fundamental Right To Privacy When An Educational Institution Requires A Student To Disclose Proof Of His Or Her Vaccination Status?, Mary D. Fatscher
Is There A Fundamental Right To Privacy When An Educational Institution Requires A Student To Disclose Proof Of His Or Her Vaccination Status?, Mary D. Fatscher
Touro Law Review
In 2020, the coronavirus disease (“COVID-19”) dominated the world. Although the public has progressively become more informed about the disease and how to safeguard itself, challenges persist as there is still much unknown. Aside from wearing masks, social distancing, and despite its undetermined consequences, the COVID-19 vaccination has emerged as a primary solution to substantially reducing the incidence and severity of the virus in our country. Many COVID-19 vaccine mandates were initiated once three pharmaceutical and biotechnology companies including Pfizer-BioNTech, Moderna, and Johnson & Johnson received Emergency Use Authorization from the Food and Drug Administration (“FDA”).
A Path Forward: Litigating The Treaty-Based Claims Of Children Sexually Abused In The Indian Health Service System, Peter B. Janci, Stephen F. Crew, Zachary Pangares
A Path Forward: Litigating The Treaty-Based Claims Of Children Sexually Abused In The Indian Health Service System, Peter B. Janci, Stephen F. Crew, Zachary Pangares
Seattle University Law Review
In 1855, representatives for the United States traveled to the Great Plains with orders to seek peace with Blackfoot Nation so the westward expansion of “civilized” white settlers could continue without interruption. After weeks of negotiations, the United States plan materialized. The terms of these promises were memorialized on October 17, 1855, in a treaty between the United States government and Blackfoot Nation.
One hundred and sixty-seven years later, representatives for the United States and the Blackfoot Nation convened in Rapid City, South Dakota to discuss the U.S. government’s breach of the treaty’s terms. Eight Native men, including three from …