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Fourth Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

Adam M. Gershowitz

Selected Works

Searches and Seizures

File Type

Articles 1 - 4 of 4

Full-Text Articles in Fourth Amendment

The Iphone Meets The Fourth Amendment, Adam M. Gershowitz Sep 2019

The Iphone Meets The Fourth Amendment, Adam M. Gershowitz

Adam M. Gershowitz

Under the search incident to arrest doctrine, police may search the entire body and immediate grabbing space of an arrestee, including the contents of all containers, without any probable cause. Because almost all traffic infractions are arrestable offenses, police have enormous opportunity to conduct such searches incident to arrest. In the near future, these already high-stakes searches will become even more important because millions of drivers will not only possess containers that hold a few scattered papers, such as wallets or briefcases, but also iPhones—capable of holding tens of thousands of pages of personal information. If current Fourth Amendment jurisprudence …


Why Arizona V. Gant Is The Wrong Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz Sep 2019

Why Arizona V. Gant Is The Wrong Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz

Adam M. Gershowitz

No abstract provided.


Wina Morning News With Rick And Jane: Interview With Adam Gershowitz, Rick Daniels, Jane Foy, Adam M. Gershowitz Sep 2019

Wina Morning News With Rick And Jane: Interview With Adam Gershowitz, Rick Daniels, Jane Foy, Adam M. Gershowitz

Adam M. Gershowitz

No abstract provided.


Searching Cell Phones Incident To Arrest: Can Courts And Legislatures Impose Limits On A Bright Line Rule?, Adam M. Gershowitz Sep 2019

Searching Cell Phones Incident To Arrest: Can Courts And Legislatures Impose Limits On A Bright Line Rule?, Adam M. Gershowitz

Adam M. Gershowitz

No abstract provided.