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Articles 1 - 5 of 5
Full-Text Articles in Fourth Amendment
Security Vs. Privacy: Reframing The Debate, Shaun B. Spencer
Security Vs. Privacy: Reframing The Debate, Shaun B. Spencer
Faculty Publications
This essay explores several dimensions of the debate between security and privacy that accompanies many anti-terrorism and law enforcement proposals.
Reasonable Expectations And The Erosion Of Privacy, Shaun Spencer
Reasonable Expectations And The Erosion Of Privacy, Shaun Spencer
Faculty Publications
This Article examines how the prevailing legal conception of privacy facilitates the erosion of privacy. The law generally measures privacy by reference to society’s reasonable expectation of privacy. If we think of the universe of legally private matters as a sphere, the sphere will contract (or least in theory) expand in accordance with changing social expectations. This expectations-driven conception of privacy in effect establishes a privacy marketplace, analogous in both a literal and metaphorical sense to a marketplace of ideas. In this marketplace, societal expectations of privacy fluctuate in response to changing social practices. For this reason, privacy is susceptible …
To Breathe, Or Not To Breathe: Passive Alcohol Sensors And The Fourth Amendment
To Breathe, Or Not To Breathe: Passive Alcohol Sensors And The Fourth Amendment
San Diego Law Review
No abstract provided.
A Deadly Cure: The Supreme Court's Dangerous Medicine In Ferguson V. City Of Charleston, George M. Dery Iii
A Deadly Cure: The Supreme Court's Dangerous Medicine In Ferguson V. City Of Charleston, George M. Dery Iii
Oklahoma Law Review
No abstract provided.
Peeping Techno-Toms And The Fourth Amendment: Seeing Through Kyllo's Rules Governing Technological Surveillance, Christopher Slobogin
Peeping Techno-Toms And The Fourth Amendment: Seeing Through Kyllo's Rules Governing Technological Surveillance, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article suggests that the Supreme Court's decision in Kyllo v. United States may not be as protective of the home as it first appears. Kyllo held that use of a thermal imager to detect heat sources inside the home is a fourth amendment search, requiring a warrant and probable cause. But it also held that use of technology that is in "general public use" or that only discovers what a naked eye observer could see from a public vantage point is not a search, even when the location viewed is the interior of the home. This article shows that …