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derek m Alphran

2009

Criminal law

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Changing Tides: A Lesser Expectation Of Privacy In A Post 9-11world, Derek M. Alphran Sep 2009

Changing Tides: A Lesser Expectation Of Privacy In A Post 9-11world, Derek M. Alphran

derek m Alphran

Abstract: Derek Alphran, Associate Professor The War on Terror is changing society’s views about the Fourth Amendment. To what extent should the American public believe that privacy should be subject to greater restrictions for the greater good? Should the Katz test be viewed differently in light of concerns about the need for surveillance in light of post 9/11 domestic terrorist threats? What is a reasonable search under the today’s changing expectation of privacy. This article addresses these questions examines how the Katz standard has changed historically and examines whether the special needs exception should be expanded to include domestic terror …