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Closing The Gap Between What Is Lawful And What Is Right In Police Use Of Force Jurisprudence By Making Police Departments More Democratic Institutions, Jonathan M. Smith 2016 UDC David A. Clarke School of Law

Closing The Gap Between What Is Lawful And What Is Right In Police Use Of Force Jurisprudence By Making Police Departments More Democratic Institutions, Jonathan M. Smith

Michigan Journal of Race and Law

On August 9, 2014, Michael Brown was shot to death in Ferguson, Missouri, by police officer Darren Wilson. Members of the Ferguson community rose up in response. Protests demanding that police violence against African Americans cease and that accountability for police misconduct be addressed erupted across the country, and they have not subsided since. Incidents in Baltimore, Maryland; Chicago, Illinois; WallerCounty, Texas; and elsewhere have kept the movement alive. The mass media, the political elite, and the White middle class woke up to a reality that had been long known to communities of color – force is used disproportionately against people ...


"Virtual Certainty" In A Digital World: The Sixth Circuit's Application Of The Private Search Doctrine To Digital Storage Devices In United States V. Lichtenberger, Stephen Labrecque 2016 Boston College Law School

"Virtual Certainty" In A Digital World: The Sixth Circuit's Application Of The Private Search Doctrine To Digital Storage Devices In United States V. Lichtenberger, Stephen Labrecque

Boston College Law Review

In 2015 in United States v. Lichtenberger, the U.S. Court of Appeals for the Sixth Circuit held that police violated the Fourth Amendment by exceeding the scope of a private search of computer files. This decision deviated from holdings of the U.S. Courts of Appeals for the Fifth and Seventh Circuits, which held that under the private search doctrine, police could more thoroughly search digital devices that were previously searched by a private party. The Sixth Circuit created a circuit split by failing to apply the closed container approach to the digital storage devices in Lichtenberger. This Comment ...


Immigrant Rights In Jeopardy: A Denial Of Constitutional Protection In De La Paz V. Coy, Chris Modlish 2016 Boston College Law School

Immigrant Rights In Jeopardy: A Denial Of Constitutional Protection In De La Paz V. Coy, Chris Modlish

Boston College Law Review

On May 14, 2015, in De La Paz v. Coy, the U.S. Court of Appeals for the Fifth Circuit held that immigrants cannot bring Bivens actions seeking damages against individual federal immigration officials for Fourth Amendment violations. The court reasoned that because the Immigration and Nationality Act of 1952 (“INA”) already provides immigrants with an adequate remedy for Fourth Amendment violations, a Bivens remedy should not be extended to this immigration enforcement context. The court based its conclusion on its determination that the INA both offers immigrants sufficient remedial mechanisms for constitutional violations and effectively deters federal immigration officers ...


Fourth Amendment Remedies As Rights: The Warrant Requirement, David Gray 2016 University of Maryland School of Law

Fourth Amendment Remedies As Rights: The Warrant Requirement, David Gray

David C. Gray

The constitutional status of the warrant requirement is hotly debated. Critics argue that neither the text nor history of the Fourth Amendment support a warrant requirement. Also questioned is the warrant requirement’s ability to protect Fourth Amendment interests. Perhaps in response to these concerns, the Court has steadily degraded the warrant requirement through a series of widening exceptions. The result is an unsatisfying jurisprudence that fails on both conceptual and practical grounds.

These debates have gained new salience with the emergence of modern surveillance technologies such as stingrays, GPS tracking, drones, and Big Data. Although a majority of the ...


13th Annual Diversity Symposium Dinner 04-07-2016, Roger Williams University School of Law 2016 Roger Williams University

13th Annual Diversity Symposium Dinner 04-07-2016, Roger Williams University School Of Law

Conferences, Lectures & Events

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams 2016 Touro College Jacob D. Fuchsberg Law Center

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky 2016 Touro College Jacob D. Fuchsberg Law Center

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya 2016 Touro College Jacob D. Fuchsberg Law Center

Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya

Touro Law Review

No abstract provided.


The Big Stink About Garbage: State V. Mcmurray And A Reasonable Expectation Of Privacy, Brittany Campbell 2016 Boston College Law School

The Big Stink About Garbage: State V. Mcmurray And A Reasonable Expectation Of Privacy, Brittany Campbell

Boston College Journal of Law & Social Justice

On March 11, 2015, the Supreme Court of Minnesota affirmed a lower court decision against David Ford McMurray, who was found guilty of third-degree possession of a controlled substance and sentenced to twenty-four months. McMurray was charged after Hutchinson, Minnesota police searched through his garbage and found evidence of methamphetamine. The majority held that a warrantless search of the defendant’s garbage was reasonable under the federal and state constitutions because a person has no reasonable expectation of privacy in garbage set out for collection on the side of a public street because garbage is readily accessible to other members ...


Unpacking The Dirtbox: Confronting Cell Phone Location Tracking With The Fourth Amendment, Jonathan Bard 2016 Boston College Law School

Unpacking The Dirtbox: Confronting Cell Phone Location Tracking With The Fourth Amendment, Jonathan Bard

Boston College Law Review

Surveillance technology has raced ahead of the Fourth Amendment, forcing courts to confront high-tech intrusions with rusty jurisprudence. The Dirtbox, an airborne cell-site simulator, allows the government to sweep entire cities and intercept individuals’ cell phone location information without relying on cooperative intermediaries. This Note argues that the government’s use of the Dirtbox and other cell-site simulators amounts to a Fourth Amendment search because it may pinpoint individuals within a constitutionally protected space. Although the Department of Justice issued policy guidelines requiring its agents to obtain a search warrant before using this device, this narrow and unenforceable protocol fails ...


Show Me The Warrant: Protection Of Stored Electronic Communications In New York State, Kaitlin G. Klamann 2016 Fordham University School of Law

Show Me The Warrant: Protection Of Stored Electronic Communications In New York State, Kaitlin G. Klamann

Fordham Urban Law Journal

No abstract provided.


Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin 2016 Vanderbilt University Law School

Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin

Fordham Urban Law Journal

No abstract provided.


Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez 2016 Fordham University School of Law

Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez

Fordham Urban Law Journal

No abstract provided.


Crime, Surveillance, And Communities, Bennett Capers 2016 Brooklyn Law School

Crime, Surveillance, And Communities, Bennett Capers

Fordham Urban Law Journal

We have become a surveillance state. Cameras—both those controlled by the state, and those installed by private entities—watch our every move, at least in public. For the most part, courts have deemed this public surveillance to be beyond the purview of the Fourth Amendment, meaning that it goes largely unregulated—a cause for alarm for many civil libertarians. This Article challenges these views and suggests that we must listen to communities in thinking about cameras and other surveillance technologies. For many communities, public surveillance not only has the benefit of deterring crime and aiding in the apprehension of ...


Dna Database Trawls And The Definition Of A Search In Boroian V. Mueller, David Kaye 2016 Penn State Law

Dna Database Trawls And The Definition Of A Search In Boroian V. Mueller, David Kaye

David Kaye

As a general matter, once the government acquires information from a permissible search or seizure, it can use this information in later criminal investigations. Courts have applied this simple rule to uphold the indefinite reuse of DNA samples acquired from convicted offenders. This essay describes the First Circuit Court of Appeals’ reliance on the rule in rejecting a convicted offender’s claim that his DNA sample and profile had to be removed from the federal DNA databank after he completed his sentence. Acknowledging that the rule permitting reuse should not be applied mechanically, I argue that the rule's application ...


Family Court, Seneca County, In Re Kaufman, Edward Callaghan 2016 Touro College Jacob D. Fuchsberg Law Center

Family Court, Seneca County, In Re Kaufman, Edward Callaghan

Touro Law Review

No abstract provided.


County Court, Monroe County, People V. Reynolds, Jill Weinberg 2016 Touro College Jacob D. Fuchsberg Law Center

County Court, Monroe County, People V. Reynolds, Jill Weinberg

Touro Law Review

No abstract provided.


Third Department, Rossi V. City Of Amsterdam, Aron Rattner 2016 Touro College Jacob D. Fuchsberg Law Center

Third Department, Rossi V. City Of Amsterdam, Aron Rattner

Touro Law Review

No abstract provided.


First Department, People V Robinson, Courtney Blakeslee 2016 Touro College Jacob D. Fuchsberg Law Center

First Department, People V Robinson, Courtney Blakeslee

Touro Law Review

No abstract provided.


Supreme Court, New York County, Kellogg V. Travis, Donna A. Napolitano 2016 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, New York County, Kellogg V. Travis, Donna A. Napolitano

Touro Law Review

No abstract provided.


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