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Orwellian Surveillance Of Vehicular Travels, Sam Hanna 2014 SelectedWorks

Orwellian Surveillance Of Vehicular Travels, Sam Hanna

Sam Hanna

What would someone learn about you if all your automobile travels were ubiquitously tracked beginning today? Creating an indefinite database of a person’s previous automobile travels to formulate deductions on intimate details of people's lives is precisely what law enforcement agencies are currently able to accomplish with automatic license plate recognition (“ALPR”). With the ubiquity of ALPR cameras, continuous government surveillance of automobile travels is no longer a figment of the imagination. Consequently, the judicial and legislative branches of government must embark on balancing the private and public interests implicated by this technology. Failure to set suitable boundaries ...


Suspicionless Searches: U.S. V. King And The Ninth Circuit’S Dismissal Of The Probationer-Parolee Distinction, Tricia Nicholson 2014 Boston College Law School

Suspicionless Searches: U.S. V. King And The Ninth Circuit’S Dismissal Of The Probationer-Parolee Distinction, Tricia Nicholson

Boston College Journal of Law & Social Justice

In U.S. v. King, the U.S. Court of Appeals for the Ninth Circuit considered whether a suspicionless search of a probationer, conducted pursuant to a condition of his probation, violated the Fourth Amendment. The Ninth Circuit held that the search did not violate the Fourth Amendment because legitimate governmental interests outweighed the probationer’s privacy interest. In conducting the balancing test, however, the court failed to give significance to the distinction between probationers and parolees for Fourth Amendment purposes and used an analysis that overrides any individual privacy interest that a probationer may have.


Recent Developments In The Use Of Excessive Force By Law Enforcement, Karen M. Blum, Jack Ryan 2014 Touro College Jacob D. Fuchsberg Law Center

Recent Developments In The Use Of Excessive Force By Law Enforcement, Karen M. Blum, Jack Ryan

Touro Law Review

No abstract provided.


Justice Scalia’S Fourth Amendment: Text, Context, Clarity, And Occasional Faint-Hearted Originalism, Timothy C. MacDonnell 2014 Washington & Lee University School of Law

Justice Scalia’S Fourth Amendment: Text, Context, Clarity, And Occasional Faint-Hearted Originalism, Timothy C. Macdonnell

Timothy C. MacDonnell

Since joining the United States Supreme Court in 1986, Justice Scalia has been one of the most prominent voices on the Fourth Amendment, having written twenty majority opinions, twelve concurrences and eight dissents on the topic. Justice Scalia’s Fourth Amendment opinions have had a significant effect on the Court’s jurisprudence relative to the Fourth Amendment. Under his pen, the Court has altered its test for determining when the Fourth Amendment should apply; provided a vision for how technology’s encroachment on privacy should be addressed; and articulated the standard for determining whether government officials are entitled to qualified ...


Personal Curtilage: Fourth Amendment Secutiry In Public, Andrew Guthrie Ferguson 2014 College of William & Mary Law School

Personal Curtilage: Fourth Amendment Secutiry In Public, Andrew Guthrie Ferguson

William & Mary Law Review

Do citizens have any Fourth Amendment protection from senseenhancing surveillance technologies in public? This Article engages a timely question as new surveillance technologies have redefined expectations of privacy in public spaces. It proposes a new theory of Fourth Amendment security based on the ancient theory of curtilage protection for private property. Curtilage has long been understood as a legal fiction that expands the protection of the home beyond the formal structures of the house. Based on custom and law protecting against both nosy neighbors and the government, curtilage was defined by the actions the property owner took to signal a ...


Privacy In Social Media: To Tweet Or Not To Tweet?, Tara M. Breslawski 2014 Touro College Jacob D. Fuchsberg Law Center

Privacy In Social Media: To Tweet Or Not To Tweet?, Tara M. Breslawski

Touro Law Review

No abstract provided.


It's Reasonable To Expect Privacy When Watching Adult Videos, Matthew Leonhardt 2014 Touro College Jacob D. Fuchsberg Law Center

It's Reasonable To Expect Privacy When Watching Adult Videos, Matthew Leonhardt

Touro Law Review

No abstract provided.


Fourth Amendment Right To Privacy With Respect To Bank Records In Criminal Cases, Francesca M. Brancato 2014 Touro College Jacob D. Fuchsberg Law Center

Fourth Amendment Right To Privacy With Respect To Bank Records In Criminal Cases, Francesca M. Brancato

Touro Law Review

No abstract provided.


You Have The Right To Be Free From Unwanted Bodily Intrusion--Unless Of Course There Is A Court Order, Tara Laterza 2014 Touro College Jacob D. Fuchsberg Law Center

You Have The Right To Be Free From Unwanted Bodily Intrusion--Unless Of Course There Is A Court Order, Tara Laterza

Touro Law Review

No abstract provided.


You Do Not Have The Right To Remain Drunk: Expanding The Scope Of Implied Consent Through Fifth Amendment Voluntariness Standards, Avi Goldstein 2014 Touro College Jacob D. Fuchsberg Law Center

You Do Not Have The Right To Remain Drunk: Expanding The Scope Of Implied Consent Through Fifth Amendment Voluntariness Standards, Avi Goldstein

Touro Law Review

No abstract provided.


The Blueprint: Critiques Of The Fingerprint And Abandonment Paradigms Utilized To Reject An Expectation Of Privacy In Dna, Avi Goldstein 2014 Touro College Jacob D. Fuchsberg Law Center

The Blueprint: Critiques Of The Fingerprint And Abandonment Paradigms Utilized To Reject An Expectation Of Privacy In Dna, Avi Goldstein

Touro Law Review

No abstract provided.


Locked Glove Compartments: Searchable Or Stash Spots?, Evan Levtow 2014 Touro College Jacob D. Fuchsberg Law Center

Locked Glove Compartments: Searchable Or Stash Spots?, Evan Levtow

Touro Law Review

No abstract provided.


A Delayed Search Of An Automobile Makes For An Unconstitutional Seizure, Sean J. McGowan 2014 Touro College Jacob D. Fuchsberg Law Center

A Delayed Search Of An Automobile Makes For An Unconstitutional Seizure, Sean J. Mcgowan

Touro Law Review

No abstract provided.


The Post-Tsa Airport: A Constitution Free Zone?, Daniel S. Harawa 2014 Pepperdine University

The Post-Tsa Airport: A Constitution Free Zone?, Daniel S. Harawa

Pepperdine Law Review

No abstract provided.


Facebook Is Not Your Friend: Protecting A Private Employee's Expectation Of Privacy In Social Networking Content In The Twenty-First Century Workplace, Cara Magatelli 2014 Pepperdine University

Facebook Is Not Your Friend: Protecting A Private Employee's Expectation Of Privacy In Social Networking Content In The Twenty-First Century Workplace, Cara Magatelli

The Journal of Business, Entrepreneurship & the Law

This Comment explores the implications SNS postings have on private employers concerning the off-duty, non-work related conduct of their employees. This argument recognizes that an employee is entitled to engage in whatever legal off-duty conduct he chooses, so long as the behavior does not damage his employer's legitimate business interests. An employer should not be able to use information gleaned from an employee's SNS postings, unrelated to an employer's business interests, to punish an employee for her choices outside the work place. Disciplining or terminating an employee for his off-duty lifestyle choices permits the morals and standards ...


When Enough Is Enough: Location Tracking, Mosaic Theory, And Machine Learning, Steven M. Bellovin, Renée M. Hutchins, Tony Jebara, Sebastian Zimmeck 2014 University of Maryland Francis King Carey School of Law

When Enough Is Enough: Location Tracking, Mosaic Theory, And Machine Learning, Steven M. Bellovin, Renée M. Hutchins, Tony Jebara, Sebastian Zimmeck

Faculty Scholarship

Since 1967, when it decided Katz v. United States, the Supreme Court has tied the right to be free of unwanted government scrutiny to the concept of reasonable xpectations of privacy.[1] An evaluation of reasonable expectations depends, among other factors, upon an assessment of the intrusiveness of government action. When making such assessment historically the Court has considered police conduct with clear temporal, geographic, or substantive limits. However, in an era where new technologies permit the storage and compilation of vast amounts of personal data, things are becoming more complicated. A school of thought known as “mosaic theory” has ...


Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson 2014 University of Oklahoma College of Law

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 ...


The Future Of Big Brother Government: Orwellian Surveillance Of Vehicular Travels Has Arrived, Sam F. Hanna 2014 SelectedWorks

The Future Of Big Brother Government: Orwellian Surveillance Of Vehicular Travels Has Arrived, Sam F. Hanna

Sam F. Hanna

What would someone learn about you if all your automobile travels were ubiquitously tracked indefinitely beginning today? Creating an indefinite database of a person’s previous automobile travels to formulate deductions on what a person does, with whom, when, and the frequency in which he does it is precisely what law enforcement agencies are currently able to accomplish with automatic license plate recognition (“ALPR”). With the advent and collective prevalence of ALPR cameras, ubiquitous government surveillance of automobile travels is no longer a figment of the imagination. Consequently, the judicial and legislative branches of government must embark on balancing the ...


The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell 2014 University of New Hampshire

The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell

Communication Scholarship

This chapter is a reexamination of the Writs of Assistance speech by James Otis. In particular, it is a reconsideration of the evidence upon which rests the historical reputation of Otis’s address. Are the claims by historians who credit Otis with sparking the Revolutionary movement in colonial America warranted or not? That reassessment begins with a detailed review of the nature and function of writs of assistance within the political, legal, and economic environment of colonial Massachusetts. It then turns to an analysis of the legal dispute over writs of assistance in the 1761 trial. From there we will ...


Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman 2014 University of Maryland Francis King Carey School of Law

Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman

Journal of Business & Technology Law

No abstract provided.


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