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Full-Text Articles in Law

Newsroom: Monestier On Web Jurisdiction 7/22/2016, Pat Murphy, Roger Williams University School Of Law Jul 2016

Newsroom: Monestier On Web Jurisdiction 7/22/2016, Pat Murphy, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson Jan 2016

Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

What is the constitutional significance of the proverbial "keep off the grass" sign? This question — asked by curmudgeonly neighbors everywhere — has been given new currency in a recent decision by the United States Supreme Court. Indeed, Florida v. Jardines might have bestowed constitutional curmudgeons with significant new Fourth Amendment protections. By expressing expectations regarding — and control over — access to property, "the people" may be able to claim greater Fourth Amendment protections not only for their homes, but also for their persons, papers, and effects. This article launches a constitutionally grounded, but lighthearted campaign of citizen education …


What’S Fear Got To Do With It?: The “Armed And Dangerous” Requirement Of Terry, Gerald S. Reamey Jan 2016

What’S Fear Got To Do With It?: The “Armed And Dangerous” Requirement Of Terry, Gerald S. Reamey

Faculty Articles

Reason to believe a person may be involved in criminal activity is not necessarily also reason to believe that person is armed and dangerous. "Stop and frisk," therefore, more accurately should be thought of as "stop and maybe frisk." But courts have conflated or ignored these two distinctive kinds of suspicion, inviting police officers to frisk automatically during an investigative detention, a practice that ignores the reasonableness requirement of the Fourth Amendment and subjects suspects to the indignity and intrusion of a search unsupported by any level of suspicion. This article explores some of the ways in which this undermining …


Electronic Devices At The Border: The Next Frontier Of Canadian Search And Seizure Law?, Robert Currie Jan 2016

Electronic Devices At The Border: The Next Frontier Of Canadian Search And Seizure Law?, Robert Currie

Articles, Book Chapters, & Popular Press

Over the last several years the Supreme Court of Canada has developed its jurisprudence regarding the search and seizure of electronic devices, applying section 8 of the Canadian Charter of Rights and Freedoms in such a way as to assert and protect a significant amount of privacy in the devices and their data. Recent cases regarding the search of devices at Canada’s borders, however, do not reflect this case law. This is a situation made all the more complex by the generally attenuated expectation of privacy in the border context, and is worthy of inquiry. Using a pending border case …


The Internet Of Things And The Fourth Amendment Of Effects, Andrew Ferguson Jan 2016

The Internet Of Things And The Fourth Amendment Of Effects, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

By 2020 there will be billions of “things” connected through the “Internet of Things.” These smart devices built within our homes, cars, smartphones, clothing, and accessories present new possibilities for technological surveillance for law enforcement. This network of smart devices also poses a new challenge for a Fourth Amendment built around “effects.” The constitutional language protecting “persons, houses, papers, and effects” from unreasonable searches and seizures must confront this change. This article addresses how a Fourth Amendment built on old-fashioned “effects” can address a new world when things are no longer just inactive, static objects, but objects that create and …