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

Fourth Amendment Remedies As Rights: The Warrant Requirement, David C. 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 ...


Teaching Criminal Procedure: Why Socrates Would Use Youtube, Stephen E. Henderson, Joseph Thai 2016 University of Oklahoma College of Law

Teaching Criminal Procedure: Why Socrates Would Use Youtube, Stephen E. Henderson, Joseph Thai

Stephen E Henderson

In this invited contribution to the Law Journal’s annual teaching volume, we pay some homage to the great philosopher whose spirit allegedly guides our classrooms, but in service of two concrete goals. One, we employ dialogue to describe the “nuts and bolts” of teaching criminal procedure, most of which are equally relevant to any doctrinal law school course (including course description, office hours, seating charts and attendance, class decorum and recording, student participation, laptops, textbooks, class preparation and presentation, and exams). Two, we explain the benefits of using multimedia in the classroom, including a few of the many modules ...


Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson 2016 University of Oklahoma College of Law

Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson

Stephen E Henderson

When it comes to criminal investigation, time travel is increasingly possible. Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records. And those records not only store our past, but thanks to data mining and big data, in many circumstances they are eerily good at predicting our future. So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond? How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology? Is it meaningfully ...


Dangerous Dicta, David C. Gray 2015 University of Maryland School of Law

Dangerous Dicta, David C. Gray

David C. Gray

In United States v. Heller, the Court held that individuals have a Second Amendment right to keep and bear arms apart from their associations with state militias. Although that holding was and remains controversial, less attention has been paid to what the Heller Court had to say about the Fourth Amendment. Writing for the Court in Heller, Justice Scalia asserts that the phrase “right of the people” in the Fourth Amendment “unambiguously refers to individual rights, not ‘collective’ rights or rights that may only be exercised through participation in some corporate body.” By any definition, this is dicta. It is ...


Testimony On Oklahoma Civil Asset Forfeiture Reform, Stephen E. Henderson 2015 University of Oklahoma College of Law

Testimony On Oklahoma Civil Asset Forfeiture Reform, Stephen E. Henderson

Stephen E Henderson

I am grateful for the opportunity to speak to you today about Senate Bill 838 and the reform of Oklahoma’s civil asset forfeiture. I am a professor of law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure. I have experience achieving consensus solutions in contested areas of law, most notably in the six years I spent drafting a new set of ABA Criminal Justice Standards, and I know that change is rarely easy. No matter the topic and whatever the status quo, there is sure to be someone who feels it ...


Swearing By New Technology: Strengthening The Fourth Amendment By Utilizing Modern Warrant Technology While Satisfying The Oath Or Affirmation Clause, Andrew H. Bean 2015 Brigham Young University Law School

Swearing By New Technology: Strengthening The Fourth Amendment By Utilizing Modern Warrant Technology While Satisfying The Oath Or Affirmation Clause, Andrew H. Bean

BYU Law Review

No abstract provided.


When Does Force Become Excessive?, Taryn Prusinski 2015 Touro College Jacob D. Fuchsberg Law Center

When Does Force Become Excessive?, Taryn Prusinski

Touro Law Review

No abstract provided.


Administrative Inspections: The Loophole In The Fourth Amendment, Ryan Nasim 2015 Touro College Jacob D. Fuchsberg Law Center

Administrative Inspections: The Loophole In The Fourth Amendment, Ryan Nasim

Touro Law Review

No abstract provided.


Pot In My Backyard: Curtilage Concept Endorsed By The Queens Supreme Court To Suppress Physical Evidence Of Marijuana, Laura J. Mulholland 2015 Touro College Jacob D. Fuchsberg Law Center

Pot In My Backyard: Curtilage Concept Endorsed By The Queens Supreme Court To Suppress Physical Evidence Of Marijuana, Laura J. Mulholland

Touro Law Review

No abstract provided.


Fourth Amendment Right To Privacy: When Is It Reasonable To Search A Minor?, Ashley Moruzzi 2015 Touro College Jacob D. Fuchsberg Law Center

Fourth Amendment Right To Privacy: When Is It Reasonable To Search A Minor?, Ashley Moruzzi

Touro Law Review

No abstract provided.


Fourth Amendment Inquiries: When Officers Are Not Justified To Approach A Vehicle, Jeremy M. Miller 2015 Touro College Jacob D. Fuchsberg Law Center

Fourth Amendment Inquiries: When Officers Are Not Justified To Approach A Vehicle, Jeremy M. Miller

Touro Law Review

No abstract provided.


A “Workplace Exception”: Exploring The Legal Loophole That Allows For Warrantless Gps Tracking Of Government Employees’ Personal Vehicles, Antonia J. Broughton 2015 Touro College Jacob D. Fuchsberg Law Center

A “Workplace Exception”: Exploring The Legal Loophole That Allows For Warrantless Gps Tracking Of Government Employees’ Personal Vehicles, Antonia J. Broughton

Touro Law Review

No abstract provided.


Whose Line Is It Anyway? Probable Cause And Historical Cell Site Data, Megan L. McKeown 2015 Notre Dame Law School

Whose Line Is It Anyway? Probable Cause And Historical Cell Site Data, Megan L. Mckeown

Notre Dame Law Review

This Note argues that the “specific and articulable facts” standard does not accord with the intent of the drafters of the Fourth Amendment to protect individuals’ reasonable expectation of privacy. Although allowing the government access to historical cell site data to use as evidence in a criminal proceeding aids law enforcement, legislators must recognize the risks that flow from allowing the government to retrieve cell phone location information without probable cause. At least one study suggests that the public is losing confidence in their ability to control personal information, ultimately creating public discomfort with and suspicion of government surveillance. If ...


Keeping Pace: The U.S. Supreme Court And Evolving Technology, Brian Thomas 2015 Ursinus College

Keeping Pace: The U.S. Supreme Court And Evolving Technology, Brian Thomas

Politics Summer Fellows

Contemporary mainstream discussions of the Supreme Court are often qualified with the warning that the nine justices are out of touch with everyday American life, especially when it comes to the newest and most popular technologies. For instance, during oral argument for City of Ontario v. Quon, a 2010 case that dealt with sexting on government-issued devices, Chief Justice John Roberts famously asked what the difference was “between email and a pager,” and Justice Antonin Scalia wondered if the “spicy little conversations” held via text message could be printed and distributed. While these comments have garnered a great deal of ...


Beware Of Government Agents Bearing Trojan Horses, Brian L. Owsley 2015 Texas Tech University School of Law

Beware Of Government Agents Bearing Trojan Horses, Brian L. Owsley

Akron Law Review

No abstract provided.


Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu 2015 Pepperdine University

Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu

Pepperdine Law Review

This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that “collect-it-all” tools in a big data world can now potentially facilitate the construction, by the intelligence community, of other individuals' digital avatars. The digital avatar can be understood as a virtual representation of our digital selves and may serve as a potential proxy for an actual person. This construction may be enabled through processes such as the data fusion of biometric and biographic data, or the digital data fusion of the ...


Voluntary Disclosure Of Information As A Proposed Standard For The Fourth Amendment's Third-Party Doctrine, Margaret E. Twomey 2015 University of Michigan Law School

Voluntary Disclosure Of Information As A Proposed Standard For The Fourth Amendment's Third-Party Doctrine, Margaret E. Twomey

Michigan Telecommunications and Technology Law Review

The third-party doctrine is a long-standing tenant of Fourth Amendment law that allows law enforcement officers to utilize information that was released to a third party without the probable cause required for a traditional search warrant. This has allowed law enforcement agents to use confidential informants, undercover agents, and access bank records of suspected criminals. However, in a digital age where exponentially more information is shared with Internet Service Providers, e-mail hosts, and social media “friends,” the traditional thirdparty doctrine ideas allow law enforcement officers access to a cache of personal information and data with a standard below probable cause ...


Section 1983 Fourth Amendment Cases From The Current Term, William E. Hellerstein 2015 Touro College Jacob D. Fuchsberg Law Center

Section 1983 Fourth Amendment Cases From The Current Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Obscured By Clouds: The Fourth Amendment And Searching Cloud Storage Accounts Through Locally Installed Software, Aaron J. Gold 2015 College of William & Mary Law School

Obscured By Clouds: The Fourth Amendment And Searching Cloud Storage Accounts Through Locally Installed Software, Aaron J. Gold

William & Mary Law Review

No abstract provided.


Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky 2015 Pace University

Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky

Pace Law Review

This article will question what role private and public actors assume in the current structure of data collection and what potential rights are violated. To tease out the relationship between the private and government sectors, this article, for sake of argument, accepts as fact that surveillance is a core government function and that data is a public resource collected by private organizations. While those assumptions may be challenged by different definitions of what constitutes a public function, public resource, or mode of collection, this article does not take on those challenges. It also does not ask the normative question of ...


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