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664 full-text articles. Page 1 of 15.

Section 1983 Fourth Amendment Cases From The Current Term, William E. Hellerstein 2015 Touro College Jacob D. Fuchsberg Law Center

Section 1983 Fourth Amendment Cases From The Current Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky 2015 Pace University

Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky

Pace Law Review

This article will question what role private and public actors assume in the current structure of data collection and what potential rights are violated. To tease out the relationship between the private and government sectors, this article, for sake of argument, accepts as fact that surveillance is a core government function and that data is a public resource collected by private organizations. While those assumptions may be challenged by different definitions of what constitutes a public function, public resource, or mode of collection, this article does not take on those challenges. It also does not ask the normative question of ...


Limited Faith In The Good Faith Exception: The Third Circuit Requires A Warrant For Gps Searches And Narrows The Scope Of The Davis Exception To The Exclusionary Rule In United States V. Katzin, Clare Hanlon 2015 Boston College Law School

Limited Faith In The Good Faith Exception: The Third Circuit Requires A Warrant For Gps Searches And Narrows The Scope Of The Davis Exception To The Exclusionary Rule In United States V. Katzin, Clare Hanlon

Boston College Law Review

On October 22, 2013, in United States v. Katzin, the U.S. Court of Appeals for the Third Circuit held that police and federal agents must obtain a warrant prior to attaching a GPS device on a vehicle. In doing so, the Third Circuit became the first federal appeals court to add a warrant requirement to the practice of GPS tracking by the police. The court also held that the good faith exception did not excuse the warrantless use of a GPS device, and that law enforcement’s reliance on out-of-circuit or distinguishable authority alone was insufficient to support a ...


Everybody’S Going Surfing: The Third Circuit Approves The Warrantless Use Of Internet Tracking Devices In United States V. Stanley, Emily W. Andersen 2015 Boston College Law School

Everybody’S Going Surfing: The Third Circuit Approves The Warrantless Use Of Internet Tracking Devices In United States V. Stanley, Emily W. Andersen

Boston College Law Review

On June 11, 2014, in United States v. Stanley, the U.S. Court of Appeals for the Third Circuit held that the warrantless use of a tracking device to detect the location of a wireless signal was not a search in violation of the Fourth Amendment. The court reasoned that because the defendant was using his neighbor’s open wireless network, the defendant did not have a reasonable expectation of privacy. The court’s reasoning was based on a belief that the use of an open wireless network, which is not password protected, is “likely illegal.” This comment argues that ...


Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz 2015 University of Southern California

Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz

Indiana Journal of Law and Social Equality

Part I of this Article sketches the virtually unbroken string of pro-marriage decisions in the lower federal and state courts since the U.S. Supreme Court’s 2013 ruling in United States v. Windsor to give a sense of the size and magnitude of this “tidal wave” of precedent. Next, Part II briefly explores some of the reasons that might help account for the flood of litigation and overwhelmingly positive outcomes. Part III tentatively suggests one way this flow of decisions in favor of marriage equality might influence the Supreme Court as it returns to the issue. Part II then ...


Fernandez V. California And The Expansion Of Third-Party Consent Searches, Anna P. Hayes 2015 University of Florida Levin College of Law

Fernandez V. California And The Expansion Of Third-Party Consent Searches, Anna P. Hayes

Florida Law Review

Imagine a day when the police come knocking at your door: you open the door, and the police ask you if they may conduct a warrantless search of your residence. As any good constitutional law student would, you explain to them that you are well aware of your rights under the Fourth Amendment, and that they should come back with a warrant. Because the dutiful officers believe that you have committed a crime, they arrest you on the spot, rather than obtaining a search warrant for the premises. After arresting you and removing you from the premises the officers then ...


Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague 2015 University of Wyoming

Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague

Robert Sprague

Predictive analytics use a method known as data mining to identify trends, patterns, or relationships among data, which can then be used to develop a predictive model. Data mining itself relies upon big data, which is “big” not solely because of its size but also because its analytical potential is qualitatively different. “Big data” analysis allows organizations, including government and businesses, to combine diverse digital datasets and then use statistics and other data mining techniques to extract from them both hidden information and surprising correlations. These data are not necessarily tracking transactional records of atomized behavior, such as the purchasing ...


In The Wake Of Florida V. J.L. - When Anonymous Tips Give Police Reasonable Suspicion, Robyn Silvermintz 2015 Touro College Jacob D. Fuchsberg Law Center

In The Wake Of Florida V. J.L. - When Anonymous Tips Give Police Reasonable Suspicion, Robyn Silvermintz

Touro Law Review

No abstract provided.


Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro 2015 Touro College Jacob D. Fuchsberg Law Center

Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Nieto, Jean D'Alessandro 2015 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, Bronx County, People V. Nieto, Jean D'Alessandro

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Taylor, Aileen R. Kavanagh 2015 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Fourth Department, People V. Taylor, Aileen R. Kavanagh

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Park, Marcia Miller 2015 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Fourth Department, People V. Park, Marcia Miller

Touro Law Review

No abstract provided.


Appellate Division, Third Department, Landsman V. Village Of Hancock, Joaquin Orellana 2015 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Third Department, Landsman V. Village Of Hancock, Joaquin Orellana

Touro Law Review

No abstract provided.


Appellate Division, First Department, Morris V. Port Authority Of New York And New Jersey, Brooke Lupinacci 2015 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, First Department, Morris V. Port Authority Of New York And New Jersey, Brooke Lupinacci

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Wright, Melanie Hendry 2015 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, People V. Wright, Melanie Hendry

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. William Ii, Brooke Lupinacci 2015 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, People V. William Ii, Brooke Lupinacci

Touro Law Review

No abstract provided.


Emerging Technology And The Fourth Amendment, Kathleen Mitchell Reitmayer 2015 American Public University System

Emerging Technology And The Fourth Amendment, Kathleen Mitchell Reitmayer

Saber and Scroll

While the technology available for use by law enforcement advances, it is important to look at the legal and ethical aspects of the use of these new technologies. By reviewing key Supreme Court cases of the past that regarded, what was then, new, and emerging technology, and analyzing the USA Patriot Act of 2001, the legal and ethical realities of new and emerging technology will become apparent. It will then come into question whether the use of these technologies can constitute a violation of the rights of American citizens and if criminal investigations should allow the use of the technology.


The First 48: Ending The Use Of Categorically Unconstitutional Investigative Holds In Violation Of County Of Riverside V. Mclaughlin, Daniel A. Horwitz 2015 SelectedWorks

The First 48: Ending The Use Of Categorically Unconstitutional Investigative Holds In Violation Of County Of Riverside V. Mclaughlin, Daniel A. Horwitz

Daniel A. Horwitz

This Article critiques the holding adopted by a growing number of courts that law enforcement may delay a warrantless arrestee’s constitutional right to receive a judicial determination of probable cause for up to forty-eight hours following an arrest as long as a judge or magistrate ultimately determines that the arrest itself was supported by probable cause. Although this issue has largely escaped review within academic literature, the practice of employing investigative detentions against warrantless arrestees is widespread among law enforcement. Of note, whether such investigative detentions comport with the Fourth Amendment has also generated a circuit split between the ...


Twelve Angry Hours: Improving Domestic Violence Holds In Tennessee Without Risk Of Violating The Constitution, Daniel A. Horwitz 2015 SelectedWorks

Twelve Angry Hours: Improving Domestic Violence Holds In Tennessee Without Risk Of Violating The Constitution, Daniel A. Horwitz

Daniel A. Horwitz

Tennessee law currently provides that individuals who have been arrested for certain domestic violence offenses “shall not be released within twelve (12) hours of arrest if the magistrate or other official duly authorized to release the offender finds that the offender is a threat to the alleged victim.” However, Tennessee law also provides for an exception to this “12-hour hold” requirement that permits judges to release domestic violence arrestees before twelve hours have elapsed “if the official determines that sufficient time has or will have elapsed for the victim to be protected.”

Following an especially high-profile incident of domestic violence ...


The Privacies Of Life: Automatic License Plate Recognition Is Unconstitutional Under The Mosaic Theory Of Fourth Amendment Privacy Law, Jessica Gutierrez-Alm 2015 Winthrop & Weinstine, Associate Attorney

The Privacies Of Life: Automatic License Plate Recognition Is Unconstitutional Under The Mosaic Theory Of Fourth Amendment Privacy Law, Jessica Gutierrez-Alm

Hamline Law Review

Abstract


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