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Recent Articles in Fourth Amendment
In The Absences Of Scrutiny: Narratives Of Probable Cause, Mitu Gulati, Jack Knight, David F. Levi 
Duke Law
In The Absences Of Scrutiny: Narratives Of Probable Cause, Mitu Gulati, Jack Knight, David F. Levi
Faculty Scholarship
This Article reports on a set of roughly thirty interviews with federal magistrate judges. The focus of the interviews was the impact of the Supreme Court case, United States v. Leon, on the behavior of magistrate judges. Leon, famously, put in place the "good faith" exception for faulty warrants that were obtained by the officers in good faith. The insertion of this exception diminished significantly the incentive for defendants to challenge problematic warrant grants. That effect, in turn, could have diminished the incentive for magistrate judge scrutiny of the warrants at the front end of the process. We do not ...
Random, Suspicionless Searches Of Students' Belongings: A Legal, Empirical, And Normative Analysis, Jason P. Nance 
University of Florida Levin College of Law
Random, Suspicionless Searches Of Students' Belongings: A Legal, Empirical, And Normative Analysis, Jason P. Nance
Faculty Publications
This Article provides a legal, empirical, and normative analysis of an intrusive search practice used by schools officials to prevent school crime: random, suspicionless searches of students’ belongings. First, it argues that these searches are not permitted under the Fourth Amendment unless schools have particularized evidence of a weapons or substance problem in their schools. Second, it provides normative considerations against implementing strict security measures in schools, especially when they are applied disproportionately on minority students. Third, drawing on recent restricted data from the U.S. Department of Education’s School Survey on Crime and Safety, it provides empirical findings ...
Striking A Balance: The Speech Or Debate Clause’S Testimonial Privilege And Policing Government Corruption, Jay Rothrock 
Touro College Jacob D. Fuchsberg Law Center
Striking A Balance: The Speech Or Debate Clause’S Testimonial Privilege And Policing Government Corruption, Jay Rothrock
Touro Law Review
No abstract provided.
The New American Privacy, Richard J. Peltz-Steele 
University of Massachusetts School of Law
The New American Privacy, Richard J. Peltz-Steele
Faculty Publications
Conventional wisdom paints U.S. and European approaches to privacy at irreconcilable odds. But that portrayal overlooks a more nuanced reality of privacy in American law. The free speech imperative of U.S. constitutional law since the civil rights movement shows signs of tarnish. And in areas of law that have escaped constitutionalization, such as fair-use copyright and the freedom of information, developing personality norms resemble European-style balancing. Recent academic and political initiatives on privacy in the United States emphasize subject control and contextual analysis, reflecting popular thinking not so different after all from that which animates Europe’s 1995 ...
Safe To Drive? Police Powers Of Search And Seizure In The Vehicular Context, Mark Rucci 
The University of Maine
Safe To Drive? Police Powers Of Search And Seizure In The Vehicular Context, Mark Rucci
Honors College
Since their creation, automobiles have become a central facet of the American culture and psyche. As status symbols and modes of transportation their importance cannot be overstated. Americans love their cars, and the average citizen believes that he or she has legitimate privacy interests in his or her vehicle. But is this the case? For decades, The Court has struggled to balance 4th Amendment privacy rights with effective police procedure, and has thus handed down dozens of rulings on the topic, many of which often seem disparate and contradictory. In the face of such confusion, the Court’s answer has ...
The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?, Deborah L. Meyer 
University of Maryland Francis King Carey School of Law
The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?, Deborah L. Meyer
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw Touro College Jacob D. Fuchsberg Law Center
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Touro Law Review
The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"
What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks University of Maryland Francis King Carey School of Law
What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Privacy And Consent Over Time: The Role Of Agreement In Fourth Amendment Analysis, Christine Jolls 
College of William & Mary Law School
Privacy And Consent Over Time: The Role Of Agreement In Fourth Amendment Analysis, Christine Jolls
William and Mary Law Review
No abstract provided.
“Lonesome Road”: Driving Without The
Fourth Amendment, Lewis R. Katz 
Seattle University School of Law
“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz
Seattle University Law Review
The protections of the Fourth Amendment on the streets and highways of America have been drastically curtailed. This Article traces the debasement of Fourth Amendment protections on the road and how the Fourth Amendment’s core value of preventing arbitrary police behavior has been marginalized. This Article contends that the existence of a traffic offense should not be the end of the inquiry but the first step, and that defendants should be able to challenge the reasonableness even when there is proof of a traffic offense.
Culpability, Deterrence, And The Exclusionary Rule, Kit Kinports College of William & Mary Law School
Culpability, Deterrence, And The Exclusionary Rule, Kit Kinports
William & Mary Bill of Rights Journal
This Article discusses the Supreme Court’s use of the concepts of culpability and deterrence in its Fourth Amendment jurisprudence, in particular, in the opinions applying the good-faith exception to the exclusionary rule. The contemporary Court sees deterrence as the exclusionary rule’s sole function, and the Article begins by taking the Court at its word, evaluating its exclusionary rule case law on its own terms. Drawing on three different theories of deterrence—economic rational choice theory, organizational theory, and the expressive account of punishment—the Article analyzes the mechanics by which the exclusionary rule deters unconstitutional searches and questions ...
Circuit Confusion: The Growing Divide On Whether Gant Applies To Non-Vehicular Searches Incident To Arrest, Patrick D. Messmer 
Seton Hall Law
Circuit Confusion: The Growing Divide On Whether Gant Applies To Non-Vehicular Searches Incident To Arrest, Patrick D. Messmer
Student Scholarship
No abstract provided.
New Police Surveillance Technologies And The Good-Faith Exception: Warrantless Gps Tracker Evidence After United States V. Jones, Caleb Mason 
University of Nevada, Las Vegas -- William S. Boyd School of Law
New Police Surveillance Technologies And The Good-Faith Exception: Warrantless Gps Tracker Evidence After United States V. Jones, Caleb Mason
Nevada Law Journal
No abstract provided.
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen 
Pepperdine University
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon Pepperdine University
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Proposition 8 Is Unconstitutional, But Not Because The Ninth Circuit Said So: The Equal Protection Clause Does Not Support A Legal Distinction Between Denying The Right To Same-Sex Marriage And Not Providing It In The First Place, Nathan Rouse Seattle University School of Law
Proposition 8 Is Unconstitutional, But Not Because The Ninth Circuit Said So: The Equal Protection Clause Does Not Support A Legal Distinction Between Denying The Right To Same-Sex Marriage And Not Providing It In The First Place, Nathan Rouse
Seattle University Law Review
In Perry v. Brown, the Ninth Circuit held that Proposition 8 is unconstitutional. But in doing so, the court stepped back from the breadth of the district court’s decision. The Ninth Circuit did not address whether same-sex marriage is a fundamental constitutional right. Nor did the Ninth Circuit address whether the Equal Protection Clause categorically prevents states from limiting marriage to opposite-sex couples. Instead, the Ninth Circuit reached the narrow conclusion that Proposition 8 violates the Equal Protection Clause because it withdrew a preexisting legal right from a marginalized group without any legitimate purpose. The Ninth Circuit should have ...
“Oh, It Is You, Is It?”: Closing The Door On Reasonable Resistance To Unlawful Police Entry In Indiana, Jesse Drum 
Maurer School of Law: Indiana University
“Oh, It Is You, Is It?”: Closing The Door On Reasonable Resistance To Unlawful Police Entry In Indiana, Jesse Drum
Indiana Law Journal
No abstract provided.
Balancing The Scales: Reinstating Home Privacy Without Violence In Indiana, Tyler Anderson Maurer School of Law: Indiana University
Balancing The Scales: Reinstating Home Privacy Without Violence In Indiana, Tyler Anderson
Indiana Law Journal
No abstract provided.
Amending For Justice’S Sake: Codified Disclosure Rule Needed To Provide Guidance To Prosecutor’S Duty To Disclose, Nathan A. Frazier University of Florida Levin College of Law
Amending For Justice’S Sake: Codified Disclosure Rule Needed To Provide Guidance To Prosecutor’S Duty To Disclose, Nathan A. Frazier
Florida Law Review
"I wouldn’t wish what I am going through on anyone," Senator Ted Stevens commented after losing his seat in the United States Senate on November 18, 2008. Senator Stevens lost the race largely because a criminal conviction damaged his reputation. After Senator Stevens endured months of contentious litigation, the jury convicted the longest serving Republican senator in United States history on seven felony counts of ethics violations. Six months later, the presiding judge, the Honorable Emmet Sullivan, vacated the conviction at the request of Attorney General Eric Holder because of blatant failures to disclose exculpatory evidence. Senator Stevens brings ...
Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman Touro College Jacob D. Fuchsberg Law Center
Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Popular Institutions
Popular Authors
Laura Donohue
Georgetown University Law Center
David Gray
University of Maryland Francis King Carey School of Law
Martin Schwartz
Touro College Jacob D. Fuchsberg Law Center
Fredric Lederer
College of William & Mary Law School
Fredric Lederer
College of William & Mary Law School
Stephen Gard
Cleveland State University
Amanda Pustilnik
University of Maryland Francis King Carey School of Law
Eleftheria Keans
Boston College Law School
Jeffrey Bellin
College of William & Mary Law School
Jeffrey Bellin
College of William & Mary Law School
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Popular Articles
The Central Meaning Of The Fourth Amendment
Determining Reasonableness Under The Fourth Amendment: Physical Force To Control And Punish Students
The Content/Envelope Distinction In Internet Law
Technological Leap, Statutory Gap, And Constitutional Abyss: Remote Biometric Identification Comes Of Age, Laura Donohue
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow
The Fourth Amendment Rights Of Children At Home: When Parental Authority Goes Too Far
Suspicionless Drug Testing And Chandler V. Miller: Is The Supreme Court Making The Right Decisions
Based on downloads this month