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Constitutional Law

American University Washington College of Law

Jardines

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Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson Jan 2016

Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson

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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 …