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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 ...


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 ...


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 ...


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 ...


Limited Faith In The Good Faith Exception: The Third Circuit Requires A Warrant For Gps Searches And Narrows The Scope Of The Davis Exception To The Exclusionary Rule In United States V. Katzin, Clare Hanlon 2015 Boston College Law School

Limited Faith In The Good Faith Exception: The Third Circuit Requires A Warrant For Gps Searches And Narrows The Scope Of The Davis Exception To The Exclusionary Rule In United States V. Katzin, Clare Hanlon

Boston College Law Review

On October 22, 2013, in United States v. Katzin, the U.S. Court of Appeals for the Third Circuit held that police and federal agents must obtain a warrant prior to attaching a GPS device on a vehicle. In doing so, the Third Circuit became the first federal appeals court to add a warrant requirement to the practice of GPS tracking by the police. The court also held that the good faith exception did not excuse the warrantless use of a GPS device, and that law enforcement’s reliance on out-of-circuit or distinguishable authority alone was insufficient to support a ...


Everybody’S Going Surfing: The Third Circuit Approves The Warrantless Use Of Internet Tracking Devices In United States V. Stanley, Emily W. Andersen 2015 Boston College Law School

Everybody’S Going Surfing: The Third Circuit Approves The Warrantless Use Of Internet Tracking Devices In United States V. Stanley, Emily W. Andersen

Boston College Law Review

On June 11, 2014, in United States v. Stanley, the U.S. Court of Appeals for the Third Circuit held that the warrantless use of a tracking device to detect the location of a wireless signal was not a search in violation of the Fourth Amendment. The court reasoned that because the defendant was using his neighbor’s open wireless network, the defendant did not have a reasonable expectation of privacy. The court’s reasoning was based on a belief that the use of an open wireless network, which is not password protected, is “likely illegal.” This comment argues that ...


Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz 2015 University of Southern California

Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz

Indiana Journal of Law and Social Equality

Part I of this Article sketches the virtually unbroken string of pro-marriage decisions in the lower federal and state courts since the U.S. Supreme Court’s 2013 ruling in United States v. Windsor to give a sense of the size and magnitude of this “tidal wave” of precedent. Next, Part II briefly explores some of the reasons that might help account for the flood of litigation and overwhelmingly positive outcomes. Part III tentatively suggests one way this flow of decisions in favor of marriage equality might influence the Supreme Court as it returns to the issue. Part II then ...


Fernandez V. California And The Expansion Of Third-Party Consent Searches, Anna P. Hayes 2015 University of Florida Levin College of Law

Fernandez V. California And The Expansion Of Third-Party Consent Searches, Anna P. Hayes

Florida Law Review

Imagine a day when the police come knocking at your door: you open the door, and the police ask you if they may conduct a warrantless search of your residence. As any good constitutional law student would, you explain to them that you are well aware of your rights under the Fourth Amendment, and that they should come back with a warrant. Because the dutiful officers believe that you have committed a crime, they arrest you on the spot, rather than obtaining a search warrant for the premises. After arresting you and removing you from the premises the officers then ...


An International Right To Privacy? Be Careful What You Wish For, Stephen J. Schulhofer 2015 NYU School of Law

An International Right To Privacy? Be Careful What You Wish For, Stephen J. Schulhofer

New York University Public Law and Legal Theory Working Papers

Nations now have unprecedented capacity to spy on global communication, and yet they typically acknowledge no legal restrictions on their right to surveil non-citizens outside their borders. Moreover, incidental collection and inter-governmental cooperation give people little protection against surveillance by their own governments as well.

There is growing support for plugging these loopholes by a multilateral agreement that would establish internationally applicable safeguards. The present paper concludes that such an agreement, far from strengthening global privacy protection, would almost certainly weaken it. Even among Western democracies, the search for transnational common ground and the institutional priorities of the negotiators would ...


Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague 2015 University of Wyoming

Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague

Robert Sprague

Predictive analytics use a method known as data mining to identify trends, patterns, or relationships among data, which can then be used to develop a predictive model. Data mining itself relies upon big data, which is “big” not solely because of its size but also because its analytical potential is qualitatively different. “Big data” analysis allows organizations, including government and businesses, to combine diverse digital datasets and then use statistics and other data mining techniques to extract from them both hidden information and surprising correlations. These data are not necessarily tracking transactional records of atomized behavior, such as the purchasing ...


In The Wake Of Florida V. J.L. - When Anonymous Tips Give Police Reasonable Suspicion, Robyn Silvermintz 2015 Touro College Jacob D. Fuchsberg Law Center

In The Wake Of Florida V. J.L. - When Anonymous Tips Give Police Reasonable Suspicion, Robyn Silvermintz

Touro Law Review

No abstract provided.


Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro 2015 Touro College Jacob D. Fuchsberg Law Center

Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Nieto, Jean D'Alessandro 2015 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, Bronx County, People V. Nieto, Jean D'Alessandro

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Taylor, Aileen R. Kavanagh 2015 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Fourth Department, People V. Taylor, Aileen R. Kavanagh

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Park, Marcia Miller 2015 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Fourth Department, People V. Park, Marcia Miller

Touro Law Review

No abstract provided.


Appellate Division, Third Department, Landsman V. Village Of Hancock, Joaquin Orellana 2015 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Third Department, Landsman V. Village Of Hancock, Joaquin Orellana

Touro Law Review

No abstract provided.


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