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Full-Text Articles in Law

Government Analysis Of Shed Dna Is A Search Under The Fourth Amendment, Tracey Maclin Nov 2015

Government Analysis Of Shed Dna Is A Search Under The Fourth Amendment, Tracey Maclin

Faculty Scholarship

This article addresses whether the Fourth Amendment is implicated when police surreptitiously collect and analyze a person’s involuntarily shed DNA.

Law enforcement officers will often obtain shed or abandoned DNA samples from persons who they suspect have committed crimes, but lack sufficient evidence to arrest or detain such persons. When utilizing abandoned or shed DNA for criminal investigative purposes, there are two state actions which arguably trigger Fourth Amendment protection. First, the collection of the biological material which contains a person’s DNA might be considered a search under the amendment. Courts, however, have uniformly rejected this argument. For ...


Resisting Wholesale Electronic Invasion Of The Fourth Amendment, Michael E. Tigar Jan 2015

Resisting Wholesale Electronic Invasion Of The Fourth Amendment, Michael E. Tigar

Faculty Scholarship

No abstract provided.


School Surveillance And The Fourth Amendment, Jason P. Nance Jan 2014

School Surveillance And The Fourth Amendment, Jason P. Nance

UF Law Faculty Publications

In the aftermath of several highly-publicized incidents of school violence, public school officials have increasingly turned to intense surveillance methods to promote school safety. The current jurisprudence interpreting the Fourth Amendment generally permits school officials to employ a variety of strict measures, separately or in conjunction, even when their use creates a prison-like environment for students. Yet, not all schools rely on such strict measures. Recent empirical evidence suggests that low-income and minority students are much more likely to experience intense security conditions in their school than other students, even after taking into account factors such as neighborhood crime, school ...


Facebook Fallacies, Geoffrey C. Hazard Jr. Jan 2012

Facebook Fallacies, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Framing The Fourth, Tracey Maclin Apr 2011

Framing The Fourth, Tracey Maclin

Faculty Scholarship

History is again an important element of the Supreme Court’s Fourth Amendment analysis. In Wyoming v. Houghton, Justice Scalia’s opinion for the Court announced that a historical inquiry is the starting point for every Fourth Amendment case. William Cuddihy’s book on the origins and original meaning of the Fourth Amendment will undoubtedly assist the Justices (and everyone else) in understanding the history of search and seizure law.

Cuddihy’s historical analysis is unprecedented. As Justice O’Connor has described it, Cuddihy’s work is “one of the most exhaustive analyses of the original meaning of the Fourth ...


California V. Greenwood, Lewis F. Powell Jr. Oct 1987

California V. Greenwood, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Griffin V. Wisconsin, Lewis F. Powell Jr. Oct 1986

Griffin V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Arizona V. Hicks, Lewis F. Powell Jr. Oct 1986

Arizona V. Hicks, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Colorado V. Bertine, Lewis F. Powell Jr. Oct 1986

Colorado V. Bertine, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


California V. Ciraolo, Lewis F. Powell Jr. Oct 1985

California V. Ciraolo, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Winston V. Lee, Lewis F. Powell Jr. Oct 1984

Winston V. Lee, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Tennessee V. Garner, Lewis F. Powell Jr. Oct 1984

Tennessee V. Garner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Sharpe, Lewis F. Powell Jr. Oct 1984

United States V. Sharpe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Welsh V. Wisconsin, Lewis F. Powell Jr. Oct 1983

Welsh V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Michigan V. Clifford, Lewis F. Powell Jr. Oct 1983

Michigan V. Clifford, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Oliver V. United States, Lewis F. Powell Jr. Oct 1983

Oliver V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Illinois V. Gates, Lewis F. Powell Jr. Oct 1982

Illinois V. Gates, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Fourth Amendment Finality, John R. Pagan Oct 1981

Fourth Amendment Finality, John R. Pagan

Popular Media

No abstract provided.


United States V. Payner, Lewis F. Powell Jr. Oct 1979

United States V. Payner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Arkansas V. Sanders, Lewis F. Powell Jr. Oct 1978

Arkansas V. Sanders, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Smith V. Maryland, Lewis F. Powell Jr. Oct 1978

Smith V. Maryland, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Dalia V. United States, Lewis F. Powell Jr. Oct 1978

Dalia V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Constitution As Positive Law, Richard W. Wright Dec 1972

The Constitution As Positive Law, Richard W. Wright

All Faculty Scholarship

No abstract provided.


Schneckloth V. Bustamonte, Lewis F. Powell Jr. Oct 1972

Schneckloth V. Bustamonte, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Almeida-Sanchez V. United States, Lewis F. Powell Jr. Oct 1972

Almeida-Sanchez V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. United States District Court For The Eastern District Of Michigan, Southern Division, Lewis F. Powell Jr. Oct 1971

United States V. United States District Court For The Eastern District Of Michigan, Southern Division, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.