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Articles 1 - 3 of 3
Full-Text Articles in Law
Conversational Standing: A New Approach To An Old Privacy Problem, Christopher M. Drake
Conversational Standing: A New Approach To An Old Privacy Problem, Christopher M. Drake
ExpressO
American society has long considered certain conversations private amongst the participants in those conversations. In other words, when two or more people are conversing in a variety of settings and through a variety of media, there are times when all parties to the conversation can reasonably expect freedom from improper government intrusion, whether through direct participation or secret monitoring. This shared expectation of privacy has been slow to gain judicial recognition. Courts have indicated that the Fourth Amendment to the United States Constitution only protects certain elements of the conversation, such as where and how it takes place, but that …
Detector Dogs And Probable Cause, Richard E. Myers
Detector Dogs And Probable Cause, Richard E. Myers
ExpressO
In this Article, Professor Myers argues that an alert, even by a well-trained dog with an excellent track record in the field, cannot by itself constitute probable cause to search. By using a Bayesian analysis of the value of dog alerts, he demonstrates that additional evidence is needed before probable cause exists. He shows why police won’t make changes to their use of dogs without outside prodding, and explores who might do so. The article makes some suggestions that, if adopted, will improve the courts’ approach to detector dog technologies, allowing them to better strike the balance between the competing …
Learning From All Fifty States: How To Apply The Fourth Amendment And Its State Analogs To Protect Third Party Information From Unreasonable Search, Stephen E. Henderson
Learning From All Fifty States: How To Apply The Fourth Amendment And Its State Analogs To Protect Third Party Information From Unreasonable Search, Stephen E. Henderson
Stephen E Henderson
We are all aware of, and many commentators are critical of, the Supreme Court's third-party doctrine, under which information provided to third parties receives no Fourth Amendment protection. This constitutional void becomes increasingly important as technology and social norms dictate that increasing amounts of disparate information are available to third parties. But we are not solely dependent upon the Federal Constitution. We may have more constitutional protection as citizens of states, each of which has a constitutional cognate or analog to the Federal Fourth Amendment. As Justice Brennan urged in a famous 1977 article, those provisions should be interpreted to …