Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- States (2)
- Ace-based pretextual stops (1)
- Analytics (1)
- Big Data (1)
- Civil Rights (1)
-
- Communications Law (1)
- Constitutional Law (1)
- Criminal Law (1)
- Criminal Law and Procedure (1)
- Criminal defense (1)
- Criminal justice (1)
- Criminal law (1)
- Criminal procedure (1)
- Discrimination (1)
- Dogs (1)
- Evidence (1)
- Law Enforcement (1)
- Law enforcement (1)
- Narcotics (1)
- Notice (1)
- Police (1)
- Prediction (1)
- Probable cause (1)
- Race (1)
- Racial Discrimination (1)
- Racial discrimination (1)
- Racial justice (1)
- Reasonable suspicion (1)
- Science and Technology (1)
Articles 1 - 4 of 4
Full-Text Articles in Criminal Law
Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal
Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
In at least two recent cases, courts have rejected service providers' capacity to raise Fourth Amendment claims on behalf of their customers. These holdings rely on longstanding Supreme Court doctrine establishing a general rule against third parties asserting the Fourth Amendment rights of others. However, there is a key difference between these two recent cases and those cases on which the doctrine rests. The relevant Supreme Court doctrine stems from situations in which someone could take action to raise the Fourth Amendment claim, even if the particular thirdparty litigant could not. In the situations presented by the recent cases, by …
Big Data And Predictive Reasonable Suspicion, Andrew Ferguson
Big Data And Predictive Reasonable Suspicion, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
The Fourth Amendment requires “reasonable suspicion” to seize a suspect. As a general matter, the suspicion derives from information a police officer observes or knows. It is individualized to a particular person at a particular place. Most reasonable suspicion cases involve police confronting unknown suspects engaged in observable suspicious activities. Essentially, the reasonable suspicion doctrine is based on “small data” – discrete facts involving limited information and little knowledge about the suspect.But what if this small data is replaced by “big data”? What if police can “know” about the suspect through new networked information sources? Or, what if predictive analytics …
The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel
The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Race, Cops, And Traffic Stops, Angela J. Davis
Race, Cops, And Traffic Stops, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
This article discusses the Supreme Court's failure to provide a clear and effective remedy for discriminatory pretextual traffic stops. The first part explores the discretionary nature of pretextual stops and their discriminatory effect on African-Americans and Latinos. Then, the article examines Whren v. United States, a Supreme Court case in which the petitioners claimed that these “pretextual stops” violate the Fourth Amendment to the Constitution and are racially discriminatory. The Supreme Court rejected the claim, upholding the constitutionality of pretextual stops based on probable cause and noting that claims of racial discrimination must be challenged under the Equal Protection Clause. …