Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (18)
- New York Law School (3)
- University of Michigan Law School (3)
- University of Richmond (3)
- Touro University Jacob D. Fuchsberg Law Center (2)
-
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- Washington and Lee University School of Law (2)
- American University Washington College of Law (1)
- Barry University School of Law (1)
- Boston University School of Law (1)
- Chicago-Kent College of Law (1)
- Cornell University Law School (1)
- Loyola Marymount University and Loyola Law School (1)
- Northwestern Pritzker School of Law (1)
- Pepperdine University (1)
- Seattle University School of Law (1)
- Texas A&M University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Maine School of Law (1)
- University of Montana (1)
- University of Pittsburgh School of Law (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication Year
- Publication
-
- Stephen E Henderson (16)
- Michigan Law Review (3)
- NYLS Law Review (3)
- University of Richmond Law Review (3)
- Articles (2)
-
- Touro Law Review (2)
- University of Arkansas at Little Rock Law Review (2)
- Articles in Law Reviews & Other Academic Journals (1)
- Barry Law Review (1)
- Catholic University Law Review (1)
- Chicago-Kent Law Review (1)
- Cornell Law Faculty Publications (1)
- Faculty Scholarship (1)
- Loyola of Los Angeles Law Review (1)
- Maine Law Review (1)
- Northwestern University Law Review (1)
- Pepperdine Law Review (1)
- Public Land & Resources Law Review (1)
- Scholarly Articles (1)
- Seattle University Law Review (1)
- Sherry Colb (1)
- Susan Freiwald (1)
- Texas A&M Law Review (1)
- Washington and Lee Law Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 48
Full-Text Articles in Fourth Amendment
Antiracism In Action, Daniel Harawa, Brandon Hasbrouck
Antiracism In Action, Daniel Harawa, Brandon Hasbrouck
Washington and Lee Law Review
Racism pervades the criminal legal system, influencing everything from who police stop and search, to who prosecutors charge, to what punishments courts apply. The Supreme Court’s fixation on colorblind application of the Constitution gives judges license to disregard the role race plays in the criminal legal system, and all too often, they do. Yet Chief Judge Roger L. Gregory challenges the facially race-neutral reasoning of criminal justice actors, often applying ostensibly colorblind scrutiny to achieve a color-conscious jurisprudence. Nor is he afraid of engaging directly in a frank discussion of the racial realities of America, rebuking those within the system …
Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, Jo J. Phippin
Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, Jo J. Phippin
Public Land & Resources Law Review
The Supreme Court of the United States ("Supreme Court") will hear oral arguments in this matter on Tuesday, March 23, 2021. This case presents the narrow issue of whether a tribal police officer has the authority to investigate and detain a non-Indian on a public right-of-way within a reservation for a suspected violation of state or federal law. The lower courts, holding that tribes have no such authority, granted James Cooley’s motion to suppress evidence. The Supreme Court must decide whether the lower courts erred in so deciding. While the issue before the Supreme Court is itself narrow, it has …
Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss: Dyer V. Smith, Brandon Hasbrouck, Katherine Mims Crocker
Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss: Dyer V. Smith, Brandon Hasbrouck, Katherine Mims Crocker
Scholarly Articles
This case illustrates how the First Amendment functions as an essential backstop to Fourth Amendment freedoms—and vice versa. As revealed by the national response to the killing of George Floyd and so many similar injustices, the ability to record encounters with government representatives is critical to preserving civil rights, and especially the right to avoid excessive force. The public only “became aware of the circumstances surrounding George Floyd’s death because citizens standing on a sidewalk exercised their First Amendment rights and filmed a police officer kneeling on Floyd’s neck until he died.” Index Newspapers LLC v. U.S. Marshals Serv., …
Peffer V. Stephens: Probable Cause, Searches And Seizures Within The Home, And Why Using Technology Should Not Open Your Front Door, Shane Landers
Peffer V. Stephens: Probable Cause, Searches And Seizures Within The Home, And Why Using Technology Should Not Open Your Front Door, Shane Landers
Texas A&M Law Review
The Fourth Amendment provides for the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. Search warrants may only be issued upon a finding of probable cause. This core tenet of our constitutional republic becomes progressively flexible with every development in Fourth Amendment interpretation. In Peffer v. Stephens, the United States Court of Appeals for the Sixth Circuit delivered the latest blow to constitutional rights that restrict the State from engaging in unprincipled searches. In an issue of first impression, the Sixth Circuit held that a criminal defendant’s alleged use …
In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis
In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis
Touro Law Review
No abstract provided.
Sniffing Out The Fourth Amendment: United States V. Place-Dog Sniffs-Ten Years Later, Hope Walker Hall
Sniffing Out The Fourth Amendment: United States V. Place-Dog Sniffs-Ten Years Later, Hope Walker Hall
Maine Law Review
In the endless and seemingly futile government war against drugs, protections afforded by the Fourth Amendment of the United States Constitution may have fallen by the wayside as courts struggle to deal with drug offenders. The compelling government interest in controlling the influx of drugs all too often results in a judicial attitude that the ends justify the means. Judges can be reluctant to exclude evidence of drugs found in an unlawful search pursuant to the exclusionary rule, which provides that illegally obtained evidence may not be used at trial. The exclusion of drugs as evidence in drug cases often …
State V. Hill, Nazariy Gavrysh
United States V. Ammons, Rebecca Ruffer
Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson
Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson
Stephen E Henderson
Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants, Christopher Joseph
Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants, Christopher Joseph
Barry Law Review
No abstract provided.
Riley And Abandonment: Expanding Fourth Amendment Protection Of Cell Phones, Abigail Hoverman
Riley And Abandonment: Expanding Fourth Amendment Protection Of Cell Phones, Abigail Hoverman
Northwestern University Law Review
In light of the privacy concerns inherent to personal technological devices, the Supreme Court handed down a unanimous decision in 2014 recognizing the need for categorical heightened protection of cell phones during searches incident to arrest in Riley v. California. This Note argues for expansion of heightened protections for cell phones in the context of abandoned evidence because the same privacy concerns apply. This argument matters because state and federal courts have not provided the needed protection to abandoned cell phones pre- or post-Riley.
Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen E. Henderson
Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen E. Henderson
Stephen E Henderson
Ou Professor: Fourth Amendment At Heart Of Dispute Between Fbi, Apple, Stephen E. Henderson
Ou Professor: Fourth Amendment At Heart Of Dispute Between Fbi, Apple, Stephen E. Henderson
Stephen E Henderson
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson
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 …
When The Police Get The Law Wrong: How Heien V. North Carolina Further Erodes The Fourth Amendment, Vivan M. Rivera
When The Police Get The Law Wrong: How Heien V. North Carolina Further Erodes The Fourth Amendment, Vivan M. Rivera
Loyola of Los Angeles Law Review
No abstract provided.
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Stephen E. Henderson, Andrew G. Ferguson
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Stephen E. Henderson, Andrew G. Ferguson
Stephen E Henderson
A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, Stephen E. Henderson
A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, Stephen E. Henderson
Stephen E Henderson
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Stephen E Henderson
Regulating Drones Under The First And Fourth Amendments, Stephen E. Henderson, Joseph Thai, Marc Jonathan Blitz, James Grimsley
Regulating Drones Under The First And Fourth Amendments, Stephen E. Henderson, Joseph Thai, Marc Jonathan Blitz, James Grimsley
Stephen E Henderson
The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September of this year. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Ultimately, given UAV utility and cost effectiveness over a vast range of tasks, widespread commercial use seems certain. So it is imperative …
What Is A Search? Two Conceptual Flaws In Fourth Amendment Doctine And Some Hints Of A Remedy, Sherry F. Colb
What Is A Search? Two Conceptual Flaws In Fourth Amendment Doctine And Some Hints Of A Remedy, Sherry F. Colb
Sherry Colb
No abstract provided.
The Post-Tsa Airport: A Constitution Free Zone?, Daniel S. Harawa
The Post-Tsa Airport: A Constitution Free Zone?, Daniel S. Harawa
Pepperdine Law Review
No abstract provided.
The Purpose Of The Fourth Amendment And Crafting Rules To Implement That Purpose, Thomas K. Clancy
The Purpose Of The Fourth Amendment And Crafting Rules To Implement That Purpose, Thomas K. Clancy
University of Richmond Law Review
No abstract provided.
Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson
Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson
Stephen E Henderson
"Secrets are lies. Sharing is caring. Privacy is theft." So concludes the main character in Dave Egger’s novel The Circle, in which a single company that unites Google, Facebook, and Twitter – and on steroids – has the ambition not only to know, but also to share, all of the world's information. It is telling that a current dystopian novel features not the government in the first instance, but instead a private third party that, through no act of overt coercion, knows so much about us. This is indeed the greatest risk to privacy in our day, both the unprecedented …
Reforming The Grand Jury To Protect Privacy In Third Party Records, Stephen E. Henderson, Andrew E. Taslitz
Reforming The Grand Jury To Protect Privacy In Third Party Records, Stephen E. Henderson, Andrew E. Taslitz
Stephen E Henderson
In late 2014, two grand juries returned controversial no bill decisions in police killings, one in Ferguson, Missouri, and one in New York City. These outcomes have renewed calls for grand jury reform, and whatever one thinks of these particular processes and outcomes, such reform is long overdue. One logical source of reform to better respect privacy in records, which would have incidental benefits beyond this privacy focus, would be the newly enacted American Bar Association Standards for Criminal Justice on Law Enforcement Access to Third Party Records (LEATPR).
But LEATPR exempts from its requirements access to records via a …
Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens
Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens
Seattle University Law Review
This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …
“The Lady Of The House” Vs. A Man With A Gun: Applying Kyllo To Gun-Scanning Technology, Sean K. Driscoll
“The Lady Of The House” Vs. A Man With A Gun: Applying Kyllo To Gun-Scanning Technology, Sean K. Driscoll
Catholic University Law Review
No abstract provided.
The Davis Good Faith Rule And Getting Answers To The Questions Jones Left Open, Susan Freiwald
The Davis Good Faith Rule And Getting Answers To The Questions Jones Left Open, Susan Freiwald
Susan Freiwald
The Supreme Court’s decision in United States v. Jones clearly established that use of GPS tracking surveillance constitutes a search under the Fourth Amendment. But the Court left many other questions unanswered about the nature and scope of the constitutional privacy right in location data. A review of lower court decisions in the wake of Jones reveals that, rather than begin to answer the questions that Jones left open, courts are largely avoiding substantive Fourth Amendment analysis of location data privacy. Instead, they are finding that officers who engaged in GPS tracking and related surveillance operated in good faith, based …
Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen
Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen
Stephen E Henderson
A paradigmatic aspect of a paradigmatic kind of right is that the rights holder is the only one who can alienate it. When individuals waive rights, the normative source of that waiving is normally taken to be the individual herself. This moral feature—immunity—is usually in the background of discussions about rights. We bring it into the foreground here, with specific attention to a recent U.S. Supreme Court decision, Kentucky v. King (2011), concerning search and seizure rights. An entailment of the Court’s decision is that, at least in some cases, a right can be removed by the intentional actions of …
Real-Time And Historic Location Surveillance After United States V. Jones: An Administrable, Mildly Mosaic Approach, Stephen E. Henderson
Real-Time And Historic Location Surveillance After United States V. Jones: An Administrable, Mildly Mosaic Approach, Stephen E. Henderson
Stephen E Henderson
In United States v. Jones, the government took an extreme position: so far as the federal Constitution is concerned, law enforcement can surreptitiously electronically track the movements of any American over the course of an entire month without cause or restraint. According to the government, whether the surveillance be for good reason, invidious reason, or no reason, the Fourth Amendment is not implicated. Fortunately, that position was unanimously rejected by the High Court. The Court did not, however, resolve what restriction or restraint the Fourth Amendment places upon location surveillance, reflecting a proper judicial restraint in this nuanced and difficult …
After United States V. Jones, After The Fourth Amendment Third Party Doctrine, Stephen E. Henderson
After United States V. Jones, After The Fourth Amendment Third Party Doctrine, Stephen E. Henderson
Stephen E Henderson
In United States v. Jones, the Supreme Court unanimously rejected the proposition that the Government can surreptitiously electronically track vehicle location for an entire month without Fourth Amendment restraint. While the Court's three opinions leave much uncertain, in one perspective they fit nicely within a long string of cases in which the Court is cautiously developing new standards of Fourth Amendment protection, including a rejection of a strong third party doctrine. This Article develops that perspective and provides a cautiously optimistic view of where search and seizure protections may be headed.
More detail:
United States v. Jones, in which the …