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Full-Text Articles in Law
Mission Creep And Wiretap Act 'Super Warrants': A Cautionary Tale, Jennifer S. Granick, Patrick Toomey, Naomi Gilens, Daniel Yadron Jr.
Mission Creep And Wiretap Act 'Super Warrants': A Cautionary Tale, Jennifer S. Granick, Patrick Toomey, Naomi Gilens, Daniel Yadron Jr.
Loyola of Los Angeles Law Review
Congress enacted the Wiretap Act in 1968 in an effort to combat organized crime while safeguarding the privacy of innocent Americans. However, the Act instead served to legitimize wiretapping, and its privacy protections have eroded over time. As a result, there has been a significant increase in wiretapping in the decades since the Act’s passage. As technology evolves, the Wiretap Act does less to protect Americans’ private communications from government interception. Nevertheless, policy makers see the Wiretap Act, with its “super-warrant” procedures, as the gold standard for statutory privacy protection. To the contrary, when considering how to regulate new and …
Property, Persons, And Institutionalized Police Interdiction In Byrd V. United States, Eric J. Miller
Property, Persons, And Institutionalized Police Interdiction In Byrd V. United States, Eric J. Miller
Loyola of Los Angeles Law Review
During a fairly routine traffic stop of a motorist driving a rental car, two State Troopers in Harrisburg, Pennsylvania, discovered that the driver, Terrence Byrd, was not the listed renter. The Court ruled that Byrd nonetheless retained a Fourth Amendment right to object to the search. The Court did not address, however, why the Troopers stopped Byrd in the first place. A close examination of the case filings reveal suggests that Byrd was stopped on the basis of his race. The racial feature ofthe stop is obscured by the Court’s current property-basedinterpretation of the Fourth Amendment’s right to privacy.
Although …
County Of Los Angeles V. Mendez: Defending The Constitutionality Of The "Provocation Rule", Layla Bishara
County Of Los Angeles V. Mendez: Defending The Constitutionality Of The "Provocation Rule", Layla Bishara
Loyola of Los Angeles Law Review
No abstract provided.
Ignorance Of The Law Is No Excuse—Unless You’Re A Cop, Hannah Dunn
Ignorance Of The Law Is No Excuse—Unless You’Re A Cop, Hannah Dunn
Loyola of Los Angeles Law Review
No abstract provided.
For The Protection Of Society's Most Vulnerable, The Ada Should Apply To Arrests, Thomas J. Auner
For The Protection Of Society's Most Vulnerable, The Ada Should Apply To Arrests, Thomas J. Auner
Loyola of Los Angeles Law Review
No abstract provided.
When The Police Get The Law Wrong: How Heien V. North Carolina Further Erodes The Fourth Amendment, Vivan M. Rivera
When The Police Get The Law Wrong: How Heien V. North Carolina Further Erodes The Fourth Amendment, Vivan M. Rivera
Loyola of Los Angeles Law Review
No abstract provided.
Failing To Keep "Easy Cases Easy": Florida V. Jardines Refuses To Reconcile Inconsistencies In Fourth Amendment Privacy Law By Instead Focusing On Physical Trespass, George M. Dery Iii
Failing To Keep "Easy Cases Easy": Florida V. Jardines Refuses To Reconcile Inconsistencies In Fourth Amendment Privacy Law By Instead Focusing On Physical Trespass, George M. Dery Iii
Loyola of Los Angeles Law Review
This Article analyzes Florida v. Jardines, in which the Supreme Court ruled that a canine sniff of a home from the front porch was a Fourth Amendment search. In reaching this ruling, the Court employed the property-rights definition of a search newly recovered the prior term in United States v. Jones instead of applying the reasonable expectation of privacy test created in Katz v. United States. This work examines the concerns created by Jardines’s ruling. This Article asserts that Jardines refused to resolve a potentially troubling incongruity between Kyllo v. United States, precedent that exalted the privacy of the home, …
What's In A Name? A Case For Including Biometric Identifiers On Arrest Warrants, Ryan Webb
What's In A Name? A Case For Including Biometric Identifiers On Arrest Warrants, Ryan Webb
Loyola of Los Angeles Law Review
Too often, innocent individuals sharing the same name and physical characteristics as the subject of an arrest warrant are misidentified and mistakenly held by law enforcement. The use of biometric identifiers, commonly known as fingerprint identification numbers, would help reduce the number of false arrests because a person’s fingerprints are entirely unique to that individual. Hearkening back to 1894, the Supreme Court’s prevailing interpretation of the particularity requirement of arrest warrants mandates only that the warrant include a subject’s name or general physical description. With such a low threshold to establish a facially valid warrant, law enforcement officers are essentially …
Owning Property Without Privacy: How Lavan V. City Of Los Angeles Offers Increased Fourth Amendment Protection To Skid Row's Homeless, Benjamin G. Kassis
Owning Property Without Privacy: How Lavan V. City Of Los Angeles Offers Increased Fourth Amendment Protection To Skid Row's Homeless, Benjamin G. Kassis
Loyola of Los Angeles Law Review
No abstract provided.