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1157 full-text articles. Page 1 of 32.

Digital Effects: The Fourth Amendment And Computer Searches Warrants, Ash Moore 2017 University of Oklahoma College of Law

Digital Effects: The Fourth Amendment And Computer Searches Warrants, Ash Moore

Oklahoma Journal of Law and Technology

No abstract provided.


Reaching Across The Threshold Of The Fourth Amendment - Why Payton V. New York Should Be Interpreted Broadly, Caroline Hunt 2017 Southern Methodist University

Reaching Across The Threshold Of The Fourth Amendment - Why Payton V. New York Should Be Interpreted Broadly, Caroline Hunt

SMU Law Review

No abstract provided.


The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman 2017 Pepperdine University

The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman

Pepperdine Law Review

Recent advances in technology are posing new challenges for a legal system based on decades-old precedent. Nowhere is this more apparent than in law enforcement’s warrantless use of IMSI Catchers. These devices mimic a cell phone tower, and when the device is activated, cell phones will naturally connect to them. Law enforcement officers can use those intercepted cell phone signals to track a suspect’s movements in real time with startling accuracy. Scholarly commentary on these devices has largely concluded that their use requires a warrant. This Comment engages in a close examination of Fourth Amendment precedent and argues ...


Federal Habeas Review Of State Court Convictions: Incoherent Law But An Essential Right, Lynn Adelman 2017 University of Maine School of Law

Federal Habeas Review Of State Court Convictions: Incoherent Law But An Essential Right, Lynn Adelman

Maine Law Review

I thank the editors of the Maine Law Review for the opportunity to participate in a discussion about the present state of post-conviction review of criminal convictions. This discussion is important and timely both because the quality of the procedures by which state prisoners can obtain post-conviction review varies greatly from state to state and because state prisoners who seek federal court review of their constitutional claims by petitioning for a writ of habeas corpus face many obstacles. As a federal district judge, my experience is primarily with the later problem. Thus, in this article, I will offer a few ...


Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum 2017 University of Toledo College of Law

Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum

Cleveland State Law Review

In dealing with the recently publicized instances of police officers’ use of deadly force, some reform efforts have been focused on the entities that are central to the successful prosecutions of police—the prosecutor and the grand jury. Some have suggested special, independent prosecutors for these cases so that the process of deciding whether to seek charges against police officers remains untainted by the necessary cooperative relationship between the police department and the prosecutor’s office. Others have urged more transparency in the grand jury process so that the public can scrutinize a prosecutor’s efforts in presenting evidence for ...


Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court, Markus Rauschecker 2017 University of Maryland Francis King Carey School of Law

Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court, Markus Rauschecker

Maryland Law Review

No abstract provided.


The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez 2017 The Graduate Center, City University of New York

The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

The aim of this thesis paper is to demonstrate how the history of slavery in the United States continues to marginalize communities of color. The history of slavery in America was the result of various factors. Some of these factors included but were not limited to; economic, legal, and social. Slavery provided a reliable and self-reproducing workforce. The laws enacted during slavery ensured the continuation of the social order of the time. This social order was based on the generalized understanding that blacks were born into servitude. Those born into slavery were not given the same legal or economic status ...


Procedural Due Process Claims, Erwin Chemerinsky 2017 Selected Works

Procedural Due Process Claims, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum 2017 Selected Works

Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum

Erwin Chemerinsky

No abstract provided.


Stories That Swim Upstream: Uncovering The Influence Of Stereotypes And Stock Stories In Fourth Amendment Reasonable Suspicion Analysis, Sherri Lee Keene 2017 University of Maryland Francis King Carey School of Law

Stories That Swim Upstream: Uncovering The Influence Of Stereotypes And Stock Stories In Fourth Amendment Reasonable Suspicion Analysis, Sherri Lee Keene

Maryland Law Review

No abstract provided.


Small Cells, Big Problems: The Increasing Precision Of Cell Site Location Information And The Need For Fourth Amendment Protections, Robert M. Bloom, William T. Clark 2017 Boston College Law School

Small Cells, Big Problems: The Increasing Precision Of Cell Site Location Information And The Need For Fourth Amendment Protections, Robert M. Bloom, William T. Clark

Robert M. Bloom

The past fifty years has witnessed an evolution in technology advancement in police surveillance. Today, one of the essential tools of police surveillance is something most Americans carry with them in their pockets every day, the cell phone. Cell phones not only contain a huge repository of personal data, they also provide continuous surveillance of a person’s movement known as cell site location information (CSLI). In 1986, Congress sought to provide some privacy protections to CSLI in the Stored Communication Act. Although this solution may have struck the proper balance in an age when cell phones were a mere ...


Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants, Christopher Joseph 2017 Barry University School of Law

Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants, Christopher Joseph

Barry Law Review

No abstract provided.


Kentucky V. King: A New Approach To Consent-Based Police Encounters?, Jamesa J. Drake 2017 University of Maine School of Law

Kentucky V. King: A New Approach To Consent-Based Police Encounters?, Jamesa J. Drake

Maine Law Review

The exigent circumstances exception to the warrant requirement permits the police to enter a private residence, without prior judicial approval, whenever the police have an objectively reasonable basis for believing that the destruction of evidence is imminent or underway. The United States Supreme Court’s most recent pronouncement in the exigent circumstances realm—Kentucky v. King—is not a case about exigent circumstances per se. Instead, King concerns the “policecreated exigency” doctrine, a concept that the vast majority of federal and state courts already recognize.This doctrine adds a crucial caveat to the exigent circumstances rule, but it is not ...


Utah V. Strieff: The Gratuitous Expansion Of The Attenuation Doctrine, Courtney Watkins 2017 University of Maryland Francis King Carey School of Law

Utah V. Strieff: The Gratuitous Expansion Of The Attenuation Doctrine, Courtney Watkins

Endnotes

No abstract provided.


The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis 2017 Seton Hall University

The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis

Seton Hall Circuit Review

No abstract provided.


Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman 2017 New York Law School

Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman

Indiana Law Journal

How to draw the line between public and private is a foundational, first-principles question of privacy law, but the answer has implications for intellectual property, as well. This project is one in a series of papers about first-person disclosures of information in the privacy and intellectual property law contexts, and it defines the boundary between public and nonpublic information through the lens of social science —namely, principles of trust.

Patent law’s public use bar confronts the question of whether legal protection should extend to information previously disclosed to a small group of people. I present evidence that shows that ...


Supreme Court To Rule On Police Shooting Case: Excessive Force And Qualified Immunity, Natalie Lakosil 2017 Golden Gate University School of Law

Supreme Court To Rule On Police Shooting Case: Excessive Force And Qualified Immunity, Natalie Lakosil

GGU Law Review Blog

Currently, a circuit split exists regarding the Ninth Circuit’s Provocation Rule. The deputies argue that Graham applies and that officers need to be free to make split‑second choices to respond to threats of force without stopping to replay their prior actions and evaluate whether someone might later accuse them of provoking the situation. Although this is true, some argue that officers should also be required to follow the Constitution in the first place and held liable if they cause the force to be used. The holding in Scott supports this type of analysis. While Graham allows for qualified ...


Upholding Citizens’ Privacy In The Use Of Stingray Technology: Is New York Behind?, Samantha Hazen 2017 Elisabeth Haub School of Law at Pace University

Upholding Citizens’ Privacy In The Use Of Stingray Technology: Is New York Behind?, Samantha Hazen

Pace Law Review

This Comment will argue that New York should follow the federal agencies’ and states’ leads by imposing a warrant requirement supported by probable cause on local and state agencies that wish to use Stingray technology in their investigations. The first section will explore Stingray technology and how it works. The second section will frame the issue and describe New York’s current standard. The third section will discuss the judicial response to the issue and how New York courts seem to place the burden of upholding privacy on the citizen, instead of the government. The third section will also discuss ...


Stubbornness Of Pretexts, Daniel B. Yeager 2017 California Western School of Law

Stubbornness Of Pretexts, Daniel B. Yeager

Daniel B. Yeager

This Article will reflect on (1) how the Whren v. United States failure to acknowledge what counts as a pretext accounts for the residual confusion as to whether or not Whren really has killed off the pretext argument in constitutional criminal procedure, and (2) the extent to which the Court in Sullivan compounded that failure, which I hope to lightly correct here by distinguishing motives from intentions and then by elaborating the role that each plays, or at least should play, in Fourth Amendment jurisprudence.


Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager 2017 California Western School of Law

Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager

Daniel B. Yeager

This Article is about the misunderstood relationship between the Fourth Amendment and the positive law. It shows how state property law and other expressions of the positive law are more resilient and useful to Fourth Amendment analysis than the Court's decisions of the past three decades recognize.


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