Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire
Duke Law & Technology Review
The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches. This Article traces the constitutional jurisprudence of both First Amendment off-campus speech protection and Fourth Amendment search standards as applied to the school setting. It then analyzes how the Supreme Court’s ruling in Riley v. California complicates both areas. Finally, it proposes a pragmatic solution: by recognizing a categorical First Amendment exception for “substantial threats” against the school community, courts could accommodate ...
The Stored Communications Act: Property Law Enforcement Tool Or Instrument Of Oppression?, 2018 West Virginia University College of Law
The Stored Communications Act: Property Law Enforcement Tool Or Instrument Of Oppression?, Raymond Boyce
West Virginia Law Review
No abstract provided.
Out Of The “Serbonian Bog”1 Surrounding Government Acquisition Of Third-Party Cell Site Location Information: “Get A Warrant” †, 2018 Washington and Lee University School of Law
Out Of The “Serbonian Bog”1 Surrounding Government Acquisition Of Third-Party Cell Site Location Information: “Get A Warrant” †, Glenn Williams
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, 2018 Washington and Lee University School of Law
Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, Julian R. Murphy
Washington and Lee Law Review Online
In recent years body-worn cameras have been championed by community groups, scholars, and the courts as a potential check on police misconduct. Such has been the enthusiasm for body-worn cameras that, in a relatively short time, they have been rolled out to police departments across the country. Perhaps because of the optimism surrounding these devices there has been little consideration of the Fourth Amendment issues they pose, especially when they are coupled with facial recognition technology (FRT). There is one particular context in which police use of FRT equipped body-worn cameras is especially concerning: public protests. This Comment constitutes the ...
From Storefront To Dashboard: The Use Of The Americans With Disabilities Act To Govern Websites, 2018 The Catholic University of America, Columbus School of Law
From Storefront To Dashboard: The Use Of The Americans With Disabilities Act To Govern Websites, Kelby S. Carlson
Catholic University Law Review
The question of the effects of technological change on the interpretation of statutes is a complicated one. Particularly for statutes that govern a broad range of issues, the advent of new technology can precipitate re-examination of the rationale behind, and nature of, the relevant law. The Americans with Disabilities Act was enacted, in part, to give Americans with disabilities greater access to public space, allowing them to enjoy the advantages such access offers on an equal footing with the able-bodied. The adoption of digital technology across society and, in particular, the widespread ubiquity of the internet now raise questions about ...
Fourth Amendment Protection In The Digital Age, 2018 Golden Gate University School of Law
Fourth Amendment Protection In The Digital Age, Daniel Sorkin
GGU Law Review Blog
The Supreme Court granted certiorari in Carpenter v United States, a case that offers the Court another opportunity to address how far Fourth Amendment protections against warrantless searches and seizures extend. Specifically, the issue before the Court was “whether the warrantless seizure and search of historical cell phone records revealing the locations and movement of a cell phone user over the course of 127 days is permitted by the Fourth Amendment.”
On appeal before the Sixth Circuit, a divided three-judge panel held that “no search occurred under the Fourth Amendment because Carpenter had no reasonable expectation of privacy in cell ...
Fourth Amendment Constraints On The Technological Monitoring Of Convicted Sex Offenders, 2018 University of Michigan Law School
Fourth Amendment Constraints On The Technological Monitoring Of Convicted Sex Offenders, Ben A. Mcjunkin, J. J. Prescott
More than forty U.S. states currently track at least some of their convicted sex offenders using GPS devices. Many offenders will be monitored for life. The burdens and expense of living indefinitely under constant technological monitoring have been well documented, but most commentators have assumed that these burdens were of no constitutional moment because states have characterized such surveillance as ‘‘civil’’ in character—and courts have seemed to agree. In 2015, however, the Supreme Court decided in Grady v. North Carolina that attaching a GPS monitoring device to a person was a Fourth Amendment search, notwithstanding the ostensibly civil ...
The Futile Fourth Amendment: Understanding Police Excessive Force Doctrine Through An Empirical Assessment Of Graham V. Connor, 2018 Northwestern Pritzker School of Law
The Futile Fourth Amendment: Understanding Police Excessive Force Doctrine Through An Empirical Assessment Of Graham V. Connor, Osagie K. Obasogie, Zachary Newman
Northwestern University Law Review
Graham v. Connor established the modern constitutional landscape for police excessive force claims. The Supreme Court not only refined an objective reasonableness test to describe the constitutional standard, but also held that the Fourth Amendment is the sole avenue for courts to adjudicate claims that police violated a person’s constitutional rights in using force. In this Essay, we ask: What impact did this decision have on the nature of police excessive force claims in federal courts? To address this, we engaged in a qualitative examination of 500 federal cases (250 in the twenty-six years before Graham and 250 in ...
Fourth Amendment Fairness, 2018 UCLA School of Law
Fourth Amendment Fairness, Richard M. Re
Michigan Law Review
Fourth Amendment doctrine is attentive to a wide range of interests, including security, informational privacy, and dignity. How should courts reconcile these competing concerns when deciding which searches and seizures are “unreasonable”? Current doctrine typically answers this question by pointing to interest aggregation: the various interests at stake are added up, placed on figurative scales, and compared, with the goal of promoting overall social welfare. But interest aggregation is disconnected from many settled doctrinal rules and leads to results that are unfair for individuals. The main alternative is originalism; but historical sources themselves suggest that the Fourth Amendment calls for ...
The Exigencies Of Drunk Driving: Cripps V. State And The Issues With Taking Drivers' Blood Without A Warrant, 2018 Boston College Law School
The Exigencies Of Drunk Driving: Cripps V. State And The Issues With Taking Drivers' Blood Without A Warrant, Timothy Andrea
Boston College Law Review
Few of the government’s investigatory techniques implicate individual privacy concerns more than the taking and testing of a suspect’s blood. These blood draws are a common tool used to fight drunk driving. In 2013, in Missouri v. McNeely, the U.S. Supreme Court reiterated the need for case-by-case review when considering whether exigent circumstances justify warrantless blood testing of drunk driving suspects. An Oklahoma statute takes a different approach by categorically abdicating the warrant requirement and authorizing law enforcement to draw blood from any driver involved in an accident that results in serious bodily injury. In 2016, in ...
“You’Re Not Gonna Reach My Telephone”— The Resurgence Of The Fourth Amendment’S Particularity Requirement, 2018 Southern Methodist University
“You’Re Not Gonna Reach My Telephone”— The Resurgence Of The Fourth Amendment’S Particularity Requirement, Tammie Beassie Banko
SMU Law Review
No abstract provided.
Bounded By The Constitution: Resolving The Private Search Doctrine Circuit Split, 2018 Chicago-Kent College of Law
Bounded By The Constitution: Resolving The Private Search Doctrine Circuit Split, Mark Kifarkis
Concordia Law Review
This Article analyzes the private search doctrine exception to the Fourth Amendment and the exception's application to smart phones and computers. The private search doctrine allows governmental authorities to replicate a private individual's search without obtaining a warrant. This Article proposes a standard for court's to use to resolve the circuit split on how to apply the exception to today's technology. Presently, there are two standards used by courts. The Article names one standard as the "boundless search approach" that is used by the Fifth and Seventh Circuits. The Article names the other standard as "bounded ...
Lacking Regulated Policy For Dna Evidence, 2018 San Jose State University
Lacking Regulated Policy For Dna Evidence, Maia Lister
Themis: Research Journal of Justice Studies and Forensic Science
Despite its strong presence in criminal justice, DNA analysis is still a minimally regulated area. This minimal regulation devalues DNA evidence through the inconsistencies in these areas. The analysis methods of low template DNA lack a uniform method resulting in varying levels of reliability. Utilizing familial searches to assist in criminal investigations can potentially violate citizen rights. Such violations can also be found in the collection of DNA samples before an arrestee is tried or convicted. There are, however, regulations that could be applied universally to combat the problems that were discussed.
Investigative Practices For Large Money Laundering Crimes, 2018 La Salle University
Investigative Practices For Large Money Laundering Crimes, Mary Hutley-Washington
Economic Crime Forensics Capstones
Reportedly, governments, states departments, analysts and law enforcement state, "money laundering has a corrosive effect on a country’s economy. The degree of destruction caused by money laundering interrupts the business flow, runs the risk of financial burdens on banks, and ruins countless countries’ reputation for allowing widespread laundering. Money laundering’s significant consequences are the exposure to the communities; because of the criminal elements individuals are subjected to laundering, i.e., fraud, drug trafficking, and other financial crimes” (Freeman, 2011). It is no surprise that internationally all communities want the battle against money laundering and its use to finance ...
Is Your Smartphone Conversation Private? The Stingray Device’S Impact On Privacy In States, 2018 The Catholic University of America, Columbus School of Law
Is Your Smartphone Conversation Private? The Stingray Device’S Impact On Privacy In States, Katherine M. Sullivan
Catholic University Law Review
“Where are you” is a common question to receive on your cellphone, but it is up to you whether or not to respond with an answer. No longer does this question need to be asked due to advancements in surveillance technology. When pinpointing a criminal suspect, the question can be answered by local and state agencies, without the person of interest knowing, by using a StingRay device. The main question to be asked is does the conduct of locating a criminal suspect’s exact location without a warrant, violate an individual’s Fourth Amendment Constitutional right to be free from ...
A Tale Of Two Clauses: Search And Seizure, Establishment Of Religion, And Constitutional Reason, 2018 College of William & Mary Law School
A Tale Of Two Clauses: Search And Seizure, Establishment Of Religion, And Constitutional Reason, Perry Dane
William & Mary Bill of Rights Journal
This Article dissects two developments in widely separate areas of American constitutional law—the “reasonable expectation of privacy” test for the Fourth Amendment’s Search and Seizure Clause and the “endorsement” test for the First Amendment’s Establishment Clause. These two stories might seem worlds apart, and they have not previously been systematically examined together. Nevertheless, the Article argues that they have in common at least three important symptoms of our legal culture’s deep malaise. These three phenomena occur in other contexts, too, but they appear with special clarity and a stark cumulative force in the two stories on ...
Hernandez V. Mesa: Preserving The Zone Of Constitutional Uncertainty At The Border, 2018 University of Maryland Francis King Carey School of Law
Hernandez V. Mesa: Preserving The Zone Of Constitutional Uncertainty At The Border, Alexandra A. Botsaris
Maryland Law Review
No abstract provided.
Sniffing Out The Fourth Amendment: United States V. Place-Dog Sniffs-Ten Years Later, 2018 University of Maine School of Law
Sniffing Out The Fourth Amendment: United States V. Place-Dog Sniffs-Ten Years Later, Hope Walker Hall
Maine Law Review
In the endless and seemingly futile government war against drugs, protections afforded by the Fourth Amendment of the United States Constitution may have fallen by the wayside as courts struggle to deal with drug offenders. The compelling government interest in controlling the influx of drugs all too often results in a judicial attitude that the ends justify the means. Judges can be reluctant to exclude evidence of drugs found in an unlawful search pursuant to the exclusionary rule, which provides that illegally obtained evidence may not be used at trial. The exclusion of drugs as evidence in drug cases often ...
Arrested Development: Rethinking Fourth Amendment Standards For Seizures And Uses Of Force In Schools, 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law
Arrested Development: Rethinking Fourth Amendment Standards For Seizures And Uses Of Force In Schools, Alexis Karteron
Nevada Law Journal
No abstract provided.
Dead Canaries In The Coal Mines: The Symbolic Assailant Revisited, 2018 Indiana University Maurer School of Law
Dead Canaries In The Coal Mines: The Symbolic Assailant Revisited, Jeannine Bell
Georgia State University Law Review
The well-publicized deaths of several African-Americans—Tamir Rice, Philando Castile, and Alton Sterling among others—at the hands of police stem from tragic interactions predicated upon well-understood practices analyzed by police scholars since the 1950s. The symbolic assailant, a construct created by police scholar Jerome Skolnick in the mid-1960s to identify persons whose behavior and characteristics the police view as threatening, is especially relevant to contemporary policing. This Article explores the societal roots of the creation of a Black symbolic assailant in contemporary American policing.
The construction of African-American men as symbolic assailants is one of the most important factors ...