Open Access. Powered by Scholars. Published by Universities.®

Fourth Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

585 Full-Text Articles 432 Authors 165,729 Downloads 55 Institutions

All Articles in Fourth Amendment

Faceted Search

585 full-text articles. Page 1 of 13.

Hassle, Jane Bambauer 2015 University of Arizona James E Rogers College of Law

Hassle, Jane Bambauer

Michigan Law Review

Before police perform a search or seizure, they typically must meet the probable cause or reasonable suspicion standard. Moreover, even if they meet the appropriate standard, their evidence must be individualized to the suspect and cannot rely on purely probabilistic inferences. Scholars and courts have long defended the distinction between individualized and purely probabilistic evidence, but existing theories of individualization fail to articulate principles that are descriptively accurate or normatively desirable. They overlook the only benefit that the individualization requirement can offer: reducing hassle. Hassle measures the chance that an innocent person will experience a search or seizure. Because some ...


Social Media And The Workplace: How I Learned To Stop Worrying And Love Privacy Settings And The Nlrb, Kathleen Carlson 2015 University of Florida Levin College of Law

Social Media And The Workplace: How I Learned To Stop Worrying And Love Privacy Settings And The Nlrb, Kathleen Carlson

Florida Law Review

Social media has permeated every aspect of society. The use of social media can easily lead to issues in an employment law context when employees suffer adverse employment actions based on the information they choose to share via their personal social media websites. Today’s laws concerning online privacy are in a nebulous state and have led some observers to suggest that employees who use social media may not find adequate legal protection from wrongful termination. This Note refutes this contention by analyzing current laws that may protect employees from adverse employment actions due to their use of social media ...


Lawlessness Breeds Lawlessness: A Case For Applying The Fourth Amendment To Extraterritorial Searches, Amy E. Pope 2015 University of Florida Levin College of Law

Lawlessness Breeds Lawlessness: A Case For Applying The Fourth Amendment To Extraterritorial Searches, Amy E. Pope

Florida Law Review

This official statement of the U.S. government’s strategy toward transnational organized crime recognizes a developing phenomenon: the maturation of criminal networks that increasingly know no boundaries. From narcotics trafficking to money laundering to human smuggling and cybercrime, increasingly sophisticated criminal organizations transcend national frontiers effortlessly, destabilize business and state infrastructures, and leave countless victims in their wake. If nation–states are to keep pace with criminal networks, they must transcend their own frontiers. The more individual nations—particularly smaller countries in the immediate path of these criminal networks—are boxed in by fixed notions of sovereignty, the more ...


Reasonable Expectations Of Privacy Settings: Social Media And The Stored Communications Act, Christopher J. Borchert, Fernando M. Pinguelo, David Thaw 2015 Duke Law

Reasonable Expectations Of Privacy Settings: Social Media And The Stored Communications Act, Christopher J. Borchert, Fernando M. Pinguelo, David Thaw

Duke Law & Technology Review

In 1986, Congress passed the Stored Communications Act (“SCA”) to provide additional protections for individuals’ private communications content held in electronic storage by third parties. Acting out of direct concern for the implications of the Third-Party Records Doctrine—a judicially created doctrine that generally eliminates Fourth Amendment protections for information entrusted to third parties—Congress sought to tailor the SCA to electronic communications sent via and stored by third parties. Yet, because Congress crafted the SCA with language specific to the technology of 1986, courts today have struggled to apply the SCA consistently with regard to similar private content sent ...


Epilogue: Moral Panics And Body Cameras, Howard M. Wasserman 2015 FIU College of Law

Epilogue: Moral Panics And Body Cameras, Howard M. Wasserman

Washington University Law Review Commentaries

This brief follow-up to Moral Panics and Body Cameras comments on in the weeks after that essay was published on the Commentaries website and what those events show about the efficacy of body cameras and video evidence as a response to police-public conflicts.


Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick 2015 Maurice A. Deane School of Law at Hofstra University

Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick

Indiana Law Journal

No abstract provided.


Furtive Encryption: Power, Trusts, And The Constitutional Cost Of Collective Surveillance, Jeffrey L. Vagle 2015 University of Pennsylvania Law School

Furtive Encryption: Power, Trusts, And The Constitutional Cost Of Collective Surveillance, Jeffrey L. Vagle

Indiana Law Journal

Recent revelations of heretofore secret U.S. government surveillance programs have sparked national conversations about their constitutionality and the delicate balance between security and civil liberties in a constitutional democracy. Among the revealed policies asserted by the National Security Agency (NSA) is a provision found in the “minimization procedures” required under section 702 of the Foreign Intelligence Surveillance Act of 1978. This provision allows the NSA to collect and keep indefinitely any encrypted information collected from domestic communications—including the communications of U.S. citizens. That is, according to the U.S. government, the mere fact that a U.S ...


Appellate Division, First Department, People V. Celaj, Danielle Dupré 2014 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, First Department, People V. Celaj, Danielle Dupré

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Johnson, Denise Shanley 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, People V. Johnson, Denise Shanley

Touro Law Review

No abstract provided.


False Arrest, Malicious Prosecution, And Abuse Of Process In § 1983 Litigation, John Williams 2014 Touro College Jacob D. Fuchsberg Law Center

False Arrest, Malicious Prosecution, And Abuse Of Process In § 1983 Litigation, John Williams

Touro Law Review

No abstract provided.


A Critique Of The Second Circuit’S Analysis In Nicholas V. Goord, John Dorsett Niles 2014 University of Massachusetts School of Law

A Critique Of The Second Circuit’S Analysis In Nicholas V. Goord, John Dorsett Niles

University of Massachusetts Law Review

The Case Note proceeds as follows. Part I traces the historical and procedural facts underlying Nicholas. Part II describes the legal backdrop against which the United States Court of Appeals for the Second Circuit decided the case. Part III steps through the Second Circuit’s majority opinion, and Part IV critiques the opinion. Part V concludes the Case Note by discussing the ramifications of Nicholas for future DNA-indexing cases.


Qualified Immunity In The Fourth Amendment: A Practical Application Of 1983 As It Applies To Fourth Amendment Excessive Force Cases, Karen Blum 2014 Suffolk University Law School

Qualified Immunity In The Fourth Amendment: A Practical Application Of 1983 As It Applies To Fourth Amendment Excessive Force Cases, Karen Blum

Touro Law Review

No abstract provided.


Section 1983 Cases In The October 2004 Term, Martin A. Schwartz 2014 Touro Law School

Section 1983 Cases In The October 2004 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.


Moral Panics And Body Cameras, Howard M. Wasserman 2014 FIU College of Law

Moral Panics And Body Cameras, Howard M. Wasserman

Washington University Law Review Commentaries

This Commentary uses the lens of "moral panics" to evaluate public support for equipping law enforcement with body cameras as a response and solution to events in Ferguson, Missouri in August 2014. Body cameras are a generally good policy idea. But the rhetoric surrounding them erroneously treats them as the single guaranteed solution to the problem of excessive force and police-citizen conflicts, particularly by ignoring the limitations of video evidence and the difficult questions of implementing any body camera program. In overstating the case, the rhetoric of body cameras becomes indistinguishable from rhetoric surrounding responses to past moral panics.


Stopping Police In Their Tracks: Protecting Cellular Location Information Privacy In The Twenty-First Century, Stephen Wagner 2014 Duke Law

Stopping Police In Their Tracks: Protecting Cellular Location Information Privacy In The Twenty-First Century, Stephen Wagner

Duke Law & Technology Review

Only a small fraction of law enforcement agencies in the United States obtain a warrant before tracking the cell phones of suspects and persons of interest. This is due, in part, to the fact that courts have struggled to keep pace with a changing technological landscape. Indeed, courts around the country have issued a disparate array of holdings on the issue of warrantless cell phone tracking. This lack of judicial uniformity has led to confusion for both law enforcement agencies and the public alike. In order to protect reasonable expectations of privacy in the twenty-first century, Congress should pass legislation ...


County Court, Westchester County, People V. Gant, Albert V. Messina Jr. 2014 Touro College Jacob D. Fuchsberg Law Center

County Court, Westchester County, People V. Gant, Albert V. Messina Jr.

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Barnville, David Schoenhaar 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, Bronx County, People V. Barnville, David Schoenhaar

Touro Law Review

No abstract provided.


Justification For Police Intrusions, Corey Rashkover 2014 Touro College Jacob D. Fuchsberg Law Center

Justification For Police Intrusions, Corey Rashkover

Touro Law Review

No abstract provided.


Interpreting Search Incident To Arrest In New York: Past, Present, And Future, Jacqueline Iaquinta 2014 Touro College Jacob D. Fuchsberg Law Center

Interpreting Search Incident To Arrest In New York: Past, Present, And Future, Jacqueline Iaquinta

Touro Law Review

No abstract provided.


Search And Seizures: Constitutionally Protected Or Discretionary Police Work?, Jaren Fernan 2014 Touro College Jacob D. Fuchsberg Law Center

Search And Seizures: Constitutionally Protected Or Discretionary Police Work?, Jaren Fernan

Touro Law Review

No abstract provided.


Digital Commons powered by bepress