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Autonomous Cars: Navigating The Patchwork Of Data Privacy Laws That Could Impact The Industry, Anthony Jones 2017 Catholic University of America (Student)

Autonomous Cars: Navigating The Patchwork Of Data Privacy Laws That Could Impact The Industry, Anthony Jones

Catholic University Journal of Law and Technology

No abstract provided.


Is Wifi Worth It: The Hidden Dangers Of Public Wifi, Ellie Shahin 2017 Catholic University of America (Student)

Is Wifi Worth It: The Hidden Dangers Of Public Wifi, Ellie Shahin

Catholic University Journal of Law and Technology

No abstract provided.


Pass Parallel Privacy Standards Or Privacy Perishes, Anne T. McKenna 2017 Penn State Law

Pass Parallel Privacy Standards Or Privacy Perishes, Anne T. Mckenna

Anne T. McKenna

No abstract provided.


Warrantless Inspections By Administrative Officials Held Violative Of Fourth Amendment, 2016 St. John's University School of Law

Warrantless Inspections By Administrative Officials Held Violative Of Fourth Amendment

The Catholic Lawyer

No abstract provided.


Why Arrest?, Rachel A. Harmon 2016 University of Virginia School of Law

Why Arrest?, Rachel A. Harmon

Michigan Law Review

Arrests are the paradigmatic police activity. Though the practice of arrests in the United States, especially arrests involving minority suspects, is under attack, even critics widely assume the power to arrest is essential to policing. As a result, neither commentators nor scholars have asked why police need to make arrests. This Article takes up that question, and it argues that the power to arrest and the use of that power should be curtailed. The twelve million arrests police conduct each year are harmful not only to the individual arrested but also to their families and communities and to society as ...


“Time Works Changes”: Modernizing Fourth Amendment Law To Protect Cell Site Location Information, Alexander Porter 2016 Boston College Law School

“Time Works Changes”: Modernizing Fourth Amendment Law To Protect Cell Site Location Information, Alexander Porter

Boston College Law Review

In 2012, federal juries convicted two men of armed robbery based in part on historical cell site location information (“CSLI”) evidence. Historical CSLI can reproduce a person’s location with great specificity. Cell phone users generate CSLI automatically by operating their cellular phones. These facts raise serious privacy concerns. This Note argues that Congress must take action to ensure that law enforcement agents can access a suspect’s historical CSLI only after a neutral magistrate finds probable cause that a crime has been committed. Further, this Note argues that because cell phone users do not voluntarily convey CSLI to their ...


"Reasonable" Police Mistakes: Fourth Amendment Claims And The "Good Faith" Exception After Heien, Karen McDonald Henning 2016 St. John's University School of Law

"Reasonable" Police Mistakes: Fourth Amendment Claims And The "Good Faith" Exception After Heien, Karen Mcdonald Henning

St. John's Law Review

No abstract provided.


Cops On Trial: Did Fourth Amendment Case Law Help George Zimmerman’S Claim Of Self-Defense?, Josephine Ross 2016 Seattle University School of Law

Cops On Trial: Did Fourth Amendment Case Law Help George Zimmerman’S Claim Of Self-Defense?, Josephine Ross

Seattle University Law Review

When police kill unarmed civilians, prosecutors and grand juries often decline to bring criminal charges. Even when police officers are indicted, they are seldom convicted at trial. There are many reasons why police are rarely convicted for violent acts. Commentators have criticized the inherent conflict of interest for prosecutors who decide whether to bring charges and the fact that police are investigating their own. However, this article considers another way that police may be treated differently than other people suspected of committing violent crimes. The Fourth Amendment, designed to protect civilians from overzealous officers, now helps insulate police suspected of ...


Ordinance Allowing Search Without A Warrant Held Invalid, 2016 St. John's University School of Law

Ordinance Allowing Search Without A Warrant Held Invalid

The Catholic Lawyer

No abstract provided.


A Second Bite At The Apple: Federal Courts’ Authority To Compel Technical Assistance To Government Agents In Accessing Encrypted Smartphone Data Under The All Writs Act, John L. Potapchuk 2016 Boston College Law School

A Second Bite At The Apple: Federal Courts’ Authority To Compel Technical Assistance To Government Agents In Accessing Encrypted Smartphone Data Under The All Writs Act, John L. Potapchuk

Boston College Law Review

On February 29, 2016, in In re Order Requiring Apple, Inc. Assist in Execution of Search Warrant (“In re Apple, Inc.”) the U.S. District Court for the Eastern District of New York held that the All Writs Act did not provide the legal authority to require Apple Inc. to bypass the encrypted lock-screen passcode of an iPhone for the federal government in order to execute a search warrant. Accordingly, the decision, which was the first of its kind, stripped the government of an investigative tool upon which it had routinely relied since as early as 2008. In In re ...


New Approaches To Data-Driven Civilian Oversight Of Law Enforcement: An Introduction To The Second Nacole/Cjpr Special Issue, Daniel L. Stageman, Nicole M. Napolitano PhD, Brian Buchner 2016 CUNY John Jay College

New Approaches To Data-Driven Civilian Oversight Of Law Enforcement: An Introduction To The Second Nacole/Cjpr Special Issue, Daniel L. Stageman, Nicole M. Napolitano Phd, Brian Buchner

Publications and Research

In April of 2016, National Association for Civilian Oversight of Law Enforcement (NACOLE) and John Jay College partnered to sponsor the Academic Symposium “Building Public Trust: Generating Evidence to Enhance Police Accountability and Legitimacy.” This essay introduces the Criminal Justice Policy Review Special Issue featuring peer-reviewed, empirical research papers first presented at the Symposium. We provide context for the Symposium in relation to contemporary national discourse on police accountability and legitimacy. In addition, we review each of the papers presented at the Symposium, and provide in-depth reviews of each of the manuscripts included in the Special Issue.


Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules, Stephanos Bibas 2016 University of Pennsylvania Law School

Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules, Stephanos Bibas

Faculty Scholarship

Far too many reporters and pundits collapse law into politics, assuming that the left–right divide between Democratic and Republican appointees neatly explains politically liberal versus politically conservative outcomes at the Supreme Court. The late Justice Antonin Scalia defied such caricatures. His consistent judicial philosophy made him the leading exponent of originalism, textualism, and formalism in American law, and over the course of his three decades on the Court, he changed the terms of judicial debate. Now, as a result, supporters and critics alike start with the plain meaning of the statutory or constitutional text rather than loose appeals to ...


Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen 2016 Pace University School of Law

Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen

Pace Law Review

Part I of this note discusses the Fourth Amendment’s protection against unreasonable search and seizures and its probable cause requirement. The Fourth Amendment’s text remains the same since its enactment. However, interpretation of the Fourth Amendment continues to evolve in order to stay current with society. Interpretation of the Fourth Amendment also varies based on state constitutional law since states can provide its citizens with greater protection than the United States Constitution. This is why the United States Supreme Court, federal district courts, and state courts have all undergone thorough Fourth Amendment analyses when applying the true meaning ...


Cellphones, Stingrays, And Searches! An Inquiry Into The Legality Of Cellular Location Information, Jeremy H. D'Amico 2016 University of Miami Law School

Cellphones, Stingrays, And Searches! An Inquiry Into The Legality Of Cellular Location Information, Jeremy H. D'Amico

University of Miami Law Review

Can the Fourth Amendment protect an individual’s right privacy by preventing the disclosure of her location through cell site location information? Does it currently? Should it? Many court opinions answer these questions in both the affirmative and the negative. The rationale underlying each conclusion is disparate. Some rely on statutory regimes, others rely on the United States Supreme Court’s interpretation of reasonableness. However, Cell Site Location Information is a technology that requires uniformity in its interpretation. This note investigates the different interpretations of the Fourth Amendment as it relates to Cell Site Location Information. It explains the technology ...


Border Search Exception: Historical Underpinnings, Present Challenges, Critical Importance, Jeffrey A. Vent 2016 American Public University System

Border Search Exception: Historical Underpinnings, Present Challenges, Critical Importance, Jeffrey A. Vent

Master's Capstone Theses

This paper examines the historical underpinnings, present challenges, and the critical importance of the border search exception to the warrant requirement imposed by the Fourth Amendment. The paper begins with a look at the history of the border search exception and traces it to modern day statutory law. The border search exception as it applies to electronic media is then examined to include current case law. Present challenges, or arguments against suspicionless electronic media searches, are presented and refuted. Further, arguments for maintaining a lack of individualized suspicion to conduct these searches are also explored. Finally, a brief examination of ...


That ‘70s Show: Why The 11th Circuit Was Wrong To Rely On Cases From The 1970s To Decide A Cell-Phone Tracking Case, David Oscar Markus, Nathan Freed Wessler 2016 University of Miami Law School

That ‘70s Show: Why The 11th Circuit Was Wrong To Rely On Cases From The 1970s To Decide A Cell-Phone Tracking Case, David Oscar Markus, Nathan Freed Wessler

University of Miami Law Review

In light of society's increasing reliance on technology, this article explores a critical question – that of the Fourth Amendment’s protection over privacy in the digital age. Specifically, this article addresses how the law currently fails to protect the privacy of one’s cell phone records and its ramifications. By highlighting the antiquated precedent leading up to the Eleventh Circuit’s ruling in United States v. Davis, this article calls on the judiciary to find a more appropriate balance for protecting the right to privacy in a modern society.


Newsroom: Goldstein On Drug Databases 6-27-2016, Sheri Qualters, Roger Williams University School of Law 2016 Rhode Island Lawyers Weekly

Newsroom: Goldstein On Drug Databases 6-27-2016, Sheri Qualters, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Castaneda V. State Of Nevada, 132 Nev. Adv. Op. 44 (June 16, 2016), Chelsea Finnegan 2016 Nevada Law Journal

Castaneda V. State Of Nevada, 132 Nev. Adv. Op. 44 (June 16, 2016), Chelsea Finnegan

Nevada Supreme Court Summaries

Appellant was convicted of 15 counts of child pornography under NRS 200.730. Appellant contested 14 of the 15 charges, arguing that his possession of 15 images of child pornography constituted only one violation. The Court agreed and determined that prosecuting each image or depiction of child pornography as a separate charge under NRS 200.730 is not what the legislature intended. The statute should not be read to charge each “possession” as one violation. The Court reversed 14 of the charges.


“Criminal Records” - A Comparative Approach, Sigmund A. Cohn 2016 University of Georgia School of Law

“Criminal Records” - A Comparative Approach, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


A Fourth Amendment Framework For The Free Exercise Clause, Adam Lamparello 2016 Notre Dame Law School

A Fourth Amendment Framework For The Free Exercise Clause, Adam Lamparello

Journal of Legislation

No abstract provided.


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