Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (9)
- Criminal Law (6)
- Law and Race (5)
- Civil Rights and Discrimination (3)
- Criminal Procedure (3)
-
- Law Enforcement and Corrections (3)
- Privacy Law (3)
- Civil Law (2)
- Evidence (2)
- Law and Society (2)
- Science and Technology Law (2)
- Supreme Court of the United States (2)
- Civil Procedure (1)
- Fourteenth Amendment (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Military, War, and Peace (1)
- National Security Law (1)
- President/Executive Department (1)
- Public Law and Legal Theory (1)
- Rule of Law (1)
- Second Amendment (1)
- Keyword
-
- Fourth Amendment (6)
- Privacy (5)
- Fourth amendment (3)
- Law enforcement (3)
- Police (3)
-
- Race (3)
- Civil rights (2)
- Criminal (2)
- Katz (2)
- Policing (2)
- Technology (2)
- Accountability (1)
- Al-Kidd (1)
- Ashcroft (1)
- Bias (1)
- Bivens (1)
- Boston Marathon bombing (1)
- Carceral logic (1)
- Carceral state (1)
- Coase's Theorem (1)
- Consent (1)
- Consent search (1)
- DNA (1)
- Data (1)
- Detainee (1)
- Emerging technology (1)
- Employment law (1)
- Equal protection (1)
- Excessive force (1)
- Fourteenth Amendment (1)
- Publication
- Publication Type
Articles 1 - 16 of 16
Full-Text Articles in Fourth Amendment
Are Police Officers Bayesians? Police Updating In Investigative Stops, Jeffrey Fagan, Lila Nojima
Are Police Officers Bayesians? Police Updating In Investigative Stops, Jeffrey Fagan, Lila Nojima
Journal of Criminal Law and Criminology
Theories of rational behavior assume that actors make decisions where the benefits of their acts exceed their costs or losses. If those expected costs and benefits change over time, the behavior will change accordingly as actors learn and internalize the parameters of success and failure. In the context of proactive policing, police stops that achieve any of several goals—constitutional compliance, stops that lead to “good” arrests or summonses, stops that lead to seizures of weapons, drugs, or other contraband, or stops that produce good will and citizen cooperation—should signal to officers the features of a stop that increase its rewards …
The Fourth Amendment And The Problem Of Social Cost, Thomas P. Crocker
The Fourth Amendment And The Problem Of Social Cost, Thomas P. Crocker
Northwestern University Law Review
The Supreme Court has made social cost a core concept relevant to the calculation of Fourth Amendment remedies but has never explained the concept’s meaning. The Court limits the availability of both the exclusionary rule and civil damages because of their “substantial social costs.” According to the Court, these costs primarily consist of letting the lawbreaker go free by excluding evidence or deterring effective police practices that would lead to more criminal apprehension and prosecution. But recent calls for systemic police reform by social movements have a different view of social cost. So too do calls for reforming qualified immunity. …
Are Constitutional Rights Enough? An Empirical Assessment Of Racial Bias In Police Stops, Rohit Asirvatham, Michael D. Frakes
Are Constitutional Rights Enough? An Empirical Assessment Of Racial Bias In Police Stops, Rohit Asirvatham, Michael D. Frakes
Northwestern University Law Review
This Article empirically tests the conventional wisdom that a permissive constitutional standard bearing on pretextual traffic stops—such as the one announced by the Supreme Court in Whren v. United States—contributes to racial disparities in traffic stops. To gain empirical traction on this question, we look to state constitutional law. In particular, we consider a natural experiment afforded by changes in the State of Washington’s rules regarding traffic stops. Following Whren, the Washington Supreme Court first took a more restrictive stance than the U.S. Supreme Court, prohibiting pretextual stops by police officers, but later reversed course and instituted a …
The Second Amendment In A Carceral State, Alice Ristroph
The Second Amendment In A Carceral State, Alice Ristroph
Northwestern University Law Review
No abstract provided.
The Genetic Panopticon: Genetic Genealogy Searches And The Fourth Amendment, Genevieve Carter
The Genetic Panopticon: Genetic Genealogy Searches And The Fourth Amendment, Genevieve Carter
Northwestern Journal of Technology and Intellectual Property
As consumer DNA testing gains widespread popularity, so has law enforcement’s interest in leveraging genetic databases for criminal investigations. Consumer DNA testing products like 23andMe and Ancestry allow private individuals access to their genetic data on private databases. However, once coded, genetic data is free to be downloaded by users and uploaded to public databases. Police identify suspects by uploading cold case DNA to public genetic databases and find familial matches. If they identify a familial match, they narrow the field of suspects using traditional methods of investigation, which often includes extracting suspect DNA from a piece of their abandoned …
The Fourth Amendment Stripped Bare: Substantiating Prisoners' Reasonable Right To Bodily Privacy, Meher Babbar
The Fourth Amendment Stripped Bare: Substantiating Prisoners' Reasonable Right To Bodily Privacy, Meher Babbar
Northwestern University Law Review
Prisoners’ rights to bodily privacy under the Fourth Amendment are limited, allowing detention officials to strip-search them for contraband. The extent to which the Fourth Amendment protects prisoners, however, is uncertain. Questions regarding whether strip searches require reasonable suspicion and the manner in which officials may conduct strip searches have troubled courts for decades. In the absence of clear guidance from the Supreme Court, courts have reached inconsistent conclusions, imperiling the human rights and dignity of prisoners. This Note argues that courts should define and apply prisoners’ rights to bodily privacy with reference to international human-rights law, specifically the United …
Trading Privacy For Promotion? Fourth Amendment Implications Of Employers Using Wearable Sensors To Assess Worker Performance, George M. Dery Iii
Trading Privacy For Promotion? Fourth Amendment Implications Of Employers Using Wearable Sensors To Assess Worker Performance, George M. Dery Iii
Northwestern Journal of Law & Social Policy
This Article considers the Fourth Amendment implications of a study on a passive monitoring system where employees shared data from wearables, phone applications, and position beacons that provided private information such as weekend phone use, sleep patterns in the bedroom, and emotional states. The study’s authors hope to use the data collected to create a new system for objectively assessing employee performance that will replace the current system which is plagued by the inherent bias of self-reporting and peer-review and which is labor intensive and inefficient. The researchers were able to successfully link the data collected with the quality of …
The Futile Fourth Amendment: Understanding Police Excessive Force Doctrine Through An Empirical Assessment Of Graham V. Connor, Osagie K. Obasogie, Zachary Newman
The Futile Fourth Amendment: Understanding Police Excessive Force Doctrine Through An Empirical Assessment Of Graham V. Connor, Osagie K. Obasogie, Zachary Newman
Northwestern University Law Review
Graham v. Connor established the modern constitutional landscape for police excessive force claims. The Supreme Court not only refined an objective reasonableness test to describe the constitutional standard, but also held that the Fourth Amendment is the sole avenue for courts to adjudicate claims that police violated a person’s constitutional rights in using force. In this Essay, we ask: What impact did this decision have on the nature of police excessive force claims in federal courts? To address this, we engaged in a qualitative examination of 500 federal cases (250 in the twenty-six years before Graham and 250 in the …
The Fallacy Of A Colorblind Consent Search Doctrine, Beau C. Tremitiere
The Fallacy Of A Colorblind Consent Search Doctrine, Beau C. Tremitiere
Northwestern University Law Review
Most searches conducted by police officers are “consensual” and thus beyond the reach of the Fourth Amendment. However, such searches violate the Fourth Amendment when, under the totality of circumstances, consent appears to be a product of coercion—that is, when the consent was involuntary. In 1980, in Mendenhall v. United States, the Supreme Court identified race as a relevant factor courts should consider but failed to explain precisely why race was relevant. After decades of mistreatment and state-sanctioned violence, distrust of law enforcement was rampant in communities of color, and the Mendenhall Court correctly intuited (but failed to describe) the …
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
Northwestern Journal of Law & Social Policy
No abstract provided.
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler
Northwestern Journal of Law & Social Policy
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.
Revisiting The Public Safety Exception To Miranda For Suspected Terrorists: Dzhokhar Tsarnaev And The Bombing Of The 2013 Boston Marathon, Hannah Lonky
Journal of Criminal Law and Criminology
This Comment examines the application of the public safety exception to Miranda to cases of domestic terrorism, looking particularly at the case of Dzhokhar Tsarnaev and the 2013 Boston Marathon bombing. By comparing the Department of Justice’s War on Terror policies to the Warren Court’s rationale for Miranda, this Comment argues that courts should require law enforcement officers to have reasonable knowledge of an immediate threat to public safety before they may properly invoke the Quarles public safety exception.
Knowledge And Fourth Amendment Privacy, Matthew Tokson
Knowledge And Fourth Amendment Privacy, Matthew Tokson
Northwestern University Law Review
This Article examines the central role that knowledge plays in determining the Fourth Amendment’s scope. What people know about surveillance practices or new technologies often shapes the “reasonable expectations of privacy” that define the Fourth Amendment’s boundaries. From early decisions dealing with automobile searches to recent cases involving advanced information technologies, courts have relied on assessments of knowledge in a wide variety of Fourth Amendment contexts. Yet the analysis of knowledge in Fourth Amendment law is rarely if ever studied on its own.
This Article fills that gap. It starts by identifying the characteristics of Fourth Amendment knowledge. It finds, …
Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner
Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner
Northwestern University Law Review
No abstract provided.
Science Fiction And Shed Dna, D. H. Kaye