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Articles 1 - 28 of 28
Full-Text Articles in Law
Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza
Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza
Journal of Race, Gender, and Ethnicity
No abstract provided.
Traveling While Hispanic: Border Patrol Immigration Investigatory Stops At Tsa Checkpoints And Hispanic Appearance, Pablo Chapablanco
Traveling While Hispanic: Border Patrol Immigration Investigatory Stops At Tsa Checkpoints And Hispanic Appearance, Pablo Chapablanco
Cornell Law Review
No abstract provided.
The Endogenous Fourth Amendment: An Empirical Assessment Of How Police Understandings Of Excessive Force Become Constitutional Law, Osagie K. Obasogie, Zachary Newman
The Endogenous Fourth Amendment: An Empirical Assessment Of How Police Understandings Of Excessive Force Become Constitutional Law, Osagie K. Obasogie, Zachary Newman
Cornell Law Review
If the Fourth Amendment is designed to protect citizens from law enforcement abusing its powers, why are so many unarmed Americans killed? Traditional understandings of the Fourth Amendment suggest that it has an exogenous effect on police use of force, Le., that the Fourth Amendment provides the ground rules for how and when law enforcement can use force that police departments turn into use-of-force policies that ostensibly limit police violence. In this Article, we question whether this exogenous understanding of the Fourth Amendment in relation to excessive force claims is accurate by engaging in an empirical assessment of the use-of-force …
Nowhere To Run, Nowhere To Hide.* Applying The Fourth Amendment To Connected Cars In The Internet-Of-Things Era, Gregory C. Brown, Jr.
Nowhere To Run, Nowhere To Hide.* Applying The Fourth Amendment To Connected Cars In The Internet-Of-Things Era, Gregory C. Brown, Jr.
Journal of Civil Rights and Economic Development
(Excerpt)
Part I of this Note will briefly discuss the key components of a Connected Car, identify who collects the data from the Car, and examine the various uses for the data. Part I also explores whether Car owners consent to the collection of their Car’s data. Part II-A will trace the historical development of the automobile exception to the Fourth Amendment, which generally permits law-enforcement officers to conduct a warrantless search of a vehicle. Part II-B will discuss how the Supreme Court has applied the Fourth Amendment to pre-Internet technologies. Part II-C will discuss two recent Fourth Amendment Supreme …
Warrantless Searches Of Electronic Devices At U.S. Borders: Securing The Nation Or Violating Digital Liberty?, Ahad Khilji
Warrantless Searches Of Electronic Devices At U.S. Borders: Securing The Nation Or Violating Digital Liberty?, Ahad Khilji
Catholic University Journal of Law and Technology
The steady increase of U.S. citizens traveling with smart phones and other electronic devices has been met with the rise of searches and seizures by CBP officers at U.S borders. Although only less than 0.1% of all travelers may actually be subjected to a search while entering the United States, when comparing the statistics between a six month period in 2016 with the same period in 2017, electronic device searches have almost doubled from 8,383 to 14,993. Approximately one million travelers to the U.S. are inspected by the CBP every day. Out of this population, nearly 2,500 electronic devices are …
Sb 336 - Law Enforcement Officers And Agencies, Richard J. Uberto Jr., Brooke Wilner
Sb 336 - Law Enforcement Officers And Agencies, Richard J. Uberto Jr., Brooke Wilner
Georgia State University Law Review
The Act prohibits data carriers from disclosing to their customers the existence of a subpoena issued for the production of the customers’ records. The Act also allows the Georgia Bureau of Investigation to retain the fingerprints of individuals working in certain professions that require background checks for the duration of employment.
Drunk Driving, Blood, And Breath: The Impact Of Birchfield V. North Dakota, Simon Bord
Drunk Driving, Blood, And Breath: The Impact Of Birchfield V. North Dakota, Simon Bord
Cornell Journal of Law and Public Policy
Birchfield v. North Dakota is a landmark decision that will influence criminal procedure jurisprudence for years to come. Birchfield drew a distinction between the level of intrusiveness inherent in a breath test versus a blood test, upholding warrantless searches incident to a DUI arrest involving the former, but not the latter. In addition, the Court ruled that criminal penalties for refusing to consent to a blood draw were unconstitutional, but such penalties were an acceptable punishment for motorists who refused to undergo a breath test. Because Birchfield failed to establish a clear rule regarding the permissible scope of implied consent …
"Plausible Cause": Explanatory Standards In The Age Of Powerful Machines, Kiel Brennan-Marquez
"Plausible Cause": Explanatory Standards In The Age Of Powerful Machines, Kiel Brennan-Marquez
Vanderbilt Law Review
Much scholarship in law and political science has long understood the U.S. Supreme Court to be the "apex" court in the federal judicial system, and so to relate hierarchically to "lower" federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the "percolation" of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and other …
The Fourth Amendment And Driving While Intoxicated: When Does A Police Officer Need A Warrant ?, Marra Kassman
The Fourth Amendment And Driving While Intoxicated: When Does A Police Officer Need A Warrant ?, Marra Kassman
Touro Law Review
No abstract provided.
Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick
Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick
Indiana Law Journal
No abstract provided.
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Touro Law Review
No abstract provided.
County Court, Nassau County, People V. Lacey, Nicholas Melillo
County Court, Nassau County, People V. Lacey, Nicholas Melillo
Touro Law Review
No abstract provided.
Supreme Court, Monroe County, People Ex Rel. Gordon V. O'Flynn, Hannah Abrams
Supreme Court, Monroe County, People Ex Rel. Gordon V. O'Flynn, Hannah Abrams
Touro Law Review
No abstract provided.
False Arrest, Malicious Prosecution, And Abuse Of Process In § 1983 Litigation, John Williams
False Arrest, Malicious Prosecution, And Abuse Of Process In § 1983 Litigation, John Williams
Touro Law Review
No abstract provided.
A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein
A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah
Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah
Touro Law Review
No abstract provided.
Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman
Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman
Touro Law Review
No abstract provided.
Striking A Balance: The Speech Or Debate Clause’S Testimonial Privilege And Policing Government Corruption, Jay Rothrock
Striking A Balance: The Speech Or Debate Clause’S Testimonial Privilege And Policing Government Corruption, Jay Rothrock
Touro Law Review
No abstract provided.
Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman
Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum
Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum
Touro Law Review
No abstract provided.
Court Of Appeals Of New York – People V. Hall, Christopher Shishko
Court Of Appeals Of New York – People V. Hall, Christopher Shishko
Touro Law Review
No abstract provided.
Students' Fourth Amendment Rights In Schools: Strip Searches, Drug Tests, And More, Emily Gold Waldman
Students' Fourth Amendment Rights In Schools: Strip Searches, Drug Tests, And More, Emily Gold Waldman
Touro Law Review
No abstract provided.
Supreme Court Of New York, New York County: People V. Derrell, Maurice M. Labrie
Supreme Court Of New York, New York County: People V. Derrell, Maurice M. Labrie
Touro Law Review
No abstract provided.
Back To Katz: Reasonable Expectation Of Privacy In The Facebook Age, Haley Plourde-Cole
Back To Katz: Reasonable Expectation Of Privacy In The Facebook Age, Haley Plourde-Cole
Fordham Urban Law Journal
Part I of this Note discusses the evolution of Fourth Amendment jurisprudence in reaction to advancing technology, the Supreme Court and circuit courts’ disposition in dealing with electronic “beeper” tracking (the technology that predated GPS), and the legal doctrine governing the government’s use of cellular phones to conduct surveillance of individuals both retroactively and in real-time. Part II examines the developing split among the federal circuits and state courts over whether GPS surveillance of vehicles constitutes a search, as well as the parallel concerns raised in recent published opinions by magistrate judges as to whether government requests for cell-site information …
The Revamped Fisa: Striking A Better Balance Between The Government's Need To Protect Itself And The 4th Amendment, J. Christopher Champion
The Revamped Fisa: Striking A Better Balance Between The Government's Need To Protect Itself And The 4th Amendment, J. Christopher Champion
Vanderbilt Law Review
The investigations of the 9/11 terrorist attacks highlighted a series of lapses in intelligence-sharing within the federal government regarding terrorist operations. One area closely examined by Congress,' the judiciary, and many legal and political commentators is the appropriate scope of intelligence collection within the United States "concerning foreign threats to the nation's security" ("foreign intelligence"). Domestic intelligence collection is a particularly complex sphere of national security as gathering intelligence on American soil requires balancing the privacy rights of individuals guaranteed by the Fourth Amendment against the nation's need to protect itself.
The Foreign Intelligence Surveillance Act of 1978 ("FISA") governs …
Special Project+ National Security, Elizabeth A. Cheney
Special Project+ National Security, Elizabeth A. Cheney
Vanderbilt Law Review
National security has become a hotly debated issue since September 11, 2001. National security has always been of great concern to the government; however former Defense Secretary McNamara's thoughts indicate that national security has now also become an important topic for all individuals to consider.2 The "policy and process" of U.S. national security has evolved significantly throughout this country's history, particularly in the years since September 11.
Dropping Anchor: Defining A Search In Compliance With Article I, Section 7 Of The Washington State Constitution, Daniel J. Clark
Dropping Anchor: Defining A Search In Compliance With Article I, Section 7 Of The Washington State Constitution, Daniel J. Clark
Seattle University Law Review
Section II examines State v. Myrick itself, including the Washington Supreme Court's path that led to that decision, the facts of the case, its reasoning, and its holding. Section III discusses the reaction to and effects of Myrick, including the seemingly disingenuous and inconsistent cases that have followed Myrick. Section IV outlines a proposal that more precisely defines a search in Washington, discussing the sources of the proposed test, examining how it would help guide Washington courts, and explaining which cases would be decided differently using the proposed standard.