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All Articles in Fourth Amendment

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537 full-text articles. Page 1 of 12.

Orwellian Surveillance Of Vehicular Travels, Sam Hanna 2014 SelectedWorks

Orwellian Surveillance Of Vehicular Travels, Sam Hanna

Sam Hanna

What would someone learn about you if all your automobile travels were ubiquitously tracked beginning today? Creating an indefinite database of a person’s previous automobile travels to formulate deductions on intimate details of people's lives is precisely what law enforcement agencies are currently able to accomplish with automatic license plate recognition (“ALPR”). With the ubiquity of ALPR cameras, continuous government surveillance of automobile travels is no longer a figment of the imagination. Consequently, the judicial and legislative branches of government must embark on balancing the private and public interests implicated by this technology. Failure to set suitable boundaries ...


'I Know My Rights, You Go'n Need A Warrant For That:' The Fourth Amendment, Riley's Impact, And Warrantless Searches Of Third-Party Clouds, Laurie Buchan Serafino 2014 Duquesne University School of Law

'I Know My Rights, You Go'n Need A Warrant For That:' The Fourth Amendment, Riley's Impact, And Warrantless Searches Of Third-Party Clouds, Laurie Buchan Serafino

Laurie B. Serafino

Scholars have frequently suggested that the Fourth Amendment ought to be applied with varying degrees of rigor depending on the seriousness of the crime investigated. Courts have largely rejected such an offense-specific approach to constitutional protections, but have demonstrated deference to the Executive Branch in matters of national security in other contexts. The particularly heightened concern raised by the threat of terrorism suggests that, at least in the context of these most serious of cases, courts ought to engage in some form of balance that recognizes the uniquely strong government interest. Such an approach, however, has to recognize that the ...


Preempting The Police, David M. Jaros 2014 Boston College Law School

Preempting The Police, David M. Jaros

Boston College Law Review

The challenge of regulating police discretion is exacerbated by the fact that a great deal of questionable police activity exists in the legal shadows—unregulated practices that do not violate defined legal limits because they have generally eluded both judicial and legislative scrutiny. Local law enforcement strategies, like the maintenance of unauthorized police DNA databases and the routine practice of initiating casual street encounters, threaten fundamental notions of a free society but have largely failed to elicit a judicial or legislative response. This Article argues that, instead of establishing a floor for impermissible police misconduct and then ceding responsibility to ...


Redefining The Right To Be Let Alone: Privacy Rights And The Constitutionality Of Technical Surveillance Measures In Germany And The United States, Nicole Jacoby 2014 University of Georgia School of Law

Redefining The Right To Be Let Alone: Privacy Rights And The Constitutionality Of Technical Surveillance Measures In Germany And The United States, Nicole Jacoby

Georgia Journal of International & Comparative Law

No abstract provided.


Section 6: Criminal, Institute of Bill of Rights Law at The College of William & Mary School of Law 2014 College of William & Mary Law School

Section 6: Criminal, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue 2014 Georgetown University Law Center

Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Section 702 of the Foreign Intelligence Surveillance Act (FISA) authorizes the NSA to collect the electronic communications of non-U.S. targets located overseas. Recent media reports and declassified documents reveal a more extensive program than publicly understood. The article begins by considering the origins of the current programs and the relevant authorities, particularly the transfer of part of the post-9/11 President’s Surveillance Program to FISA. It outlines the contours of the 2007 Protect America Act, before its replacement in 2008 by the FISA Amendments Act (FAA). The section ends with a brief discussion of the current state of ...


United States Of America, Plaintiff-Appellee, V. Charles Williams Jr., Defendant-Appellant: Reply Brief Of Appellant, Gregory Davis, Patricia E. Roberts, Brittany Sadler, Andrew L. Steinberg, Tillman J. Breckenridge, Thomas W. Ports Jr. 2014 College of William & Mary Law School

United States Of America, Plaintiff-Appellee, V. Charles Williams Jr., Defendant-Appellant: Reply Brief Of Appellant, Gregory Davis, Patricia E. Roberts, Brittany Sadler, Andrew L. Steinberg, Tillman J. Breckenridge, Thomas W. Ports Jr.

Appellate and Supreme Court Clinic

No abstract provided.


Riley V. California: Privacy Still Matters, But How Much And In What Contexts?, Adam Lamparello, Charles MacLean 2014 SelectedWorks

Riley V. California: Privacy Still Matters, But How Much And In What Contexts?, Adam Lamparello, Charles Maclean

Adam Lamparello

Private information is no longer stored only in homes or other areas traditionally protected from warrantless intrusion. The private lives of many citizens are contained in a digital device no larger than the palm of their hand—and carried in public places. But that does not make the data within a cell phone any less private, just as the dialing of a phone number does not voluntarily waive an individual’s right to keep their call log or location private. Remember that we are not talking about individuals suspected of committing violent crimes. The Government is recording the calls and ...


Symposium: Surprising Unanimity, Even More Surprising Clarity, Adam M. Gershowitz 2014 College of William & Mary Law School

Symposium: Surprising Unanimity, Even More Surprising Clarity, Adam M. Gershowitz

Popular Media

No abstract provided.


Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz 2014 Touro College Jacob D. Fuchsberg Law Center

Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz

Touro Law Review

No abstract provided.


Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman 2014 Touro College Jacob D. Fuchsberg Law Center

Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman

Touro Law Review

No abstract provided.


A Cloudy Forecast: Divergence In The Cloud Computing Laws Of The United States, European Union, And China, Tina Cheng 2014 University of Georgia School of Law

A Cloudy Forecast: Divergence In The Cloud Computing Laws Of The United States, European Union, And China, Tina Cheng

Georgia Journal of International & Comparative Law

No abstract provided.


Beyond The Judicial Fourth Amendment: The Prosecutor's Role, Russell M. Gold 2014 NELLCO

Beyond The Judicial Fourth Amendment: The Prosecutor's Role, Russell M. Gold

New York University Public Law and Legal Theory Working Papers

Scholarly discussion of the Fourth Amendment focuses narrowly on judicial enforcement and the exclusionary rule. This Article takes a different approach: recognizing that prosecutors have a co-equal responsibility to enforce the Fourth Amendment. More specifically, prosecutors have a constitutional and ethical duty not to use evidence that they conclude was unconstitutionally obtained even if that evidence is admissible — the duty of administrative suppression. Instead of analyzing whether evidence would likely be deemed admissible by a court, prosecutors should instead analyze whether the evidence in their cases was gathered unconstitutionally and act accordingly.

Scholars have ignored that as the Supreme Court ...


United States Of America, Plaintiff-Appellee, V. Charles Williams Jr., Defendant-Appellant: Brief Of Appellant, Gregory Davis, Patricia E. Roberts, Brittany Sadler, Andrew L. Steinberg, Tillman J. Breckenridge, Thomas W. Ports Jr. 2014 College of William & Mary Law School

United States Of America, Plaintiff-Appellee, V. Charles Williams Jr., Defendant-Appellant: Brief Of Appellant, Gregory Davis, Patricia E. Roberts, Brittany Sadler, Andrew L. Steinberg, Tillman J. Breckenridge, Thomas W. Ports Jr.

Appellate and Supreme Court Clinic

No abstract provided.


The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf 2014 Touro College Jacob D. Fuchsberg Law Center

The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf

Touro Law Review

This article examines the constitutional status of suspicionless searches and seizures of groups- an exceedingly important question in the age of terror, and a subject recently brought back to the forefront by the searches of subway passengers in New York City. It draws on process theory to argue that when a legislature has authorized a group search or seizure, courts should generally apply rational basis review.

First, other areas of constitutional doctrine exhibit deep trust in the power of groups to protect their interests in political process, and there is no reason why fourth amendment doctrine should not do the ...


Supreme Court, New York County, People V. Smith, Jessica Miller 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, New York County, People V. Smith, Jessica Miller

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Hall, Eric Pack 2014 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Fourth Department, People V. Hall, Eric Pack

Touro Law Review

No abstract provided.


Appellate Division, First Department, Koeiman V. New York, Gennaro Savastano 2014 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, First Department, Koeiman V. New York, Gennaro Savastano

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Burton, Diane Matero 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, People V. Burton, Diane Matero

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Moore, Gennaro Savastano 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, People V. Moore, Gennaro Savastano

Touro Law Review

No abstract provided.


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