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1034 full-text articles. Page 1 of 28.

“Time Works Changes”: Modernizing Fourth Amendment Law To Protect Cell Site Location Information, Alexander Porter 2016 Boston College Law School

“Time Works Changes”: Modernizing Fourth Amendment Law To Protect Cell Site Location Information, Alexander Porter

Boston College Law Review

In 2012, federal juries convicted two men of armed robbery based in part on historical cell site location information (“CSLI”) evidence. Historical CSLI can reproduce a person’s location with great specificity. Cell phone users generate CSLI automatically by operating their cellular phones. These facts raise serious privacy concerns. This Note argues that Congress must take action to ensure that law enforcement agents can access a suspect’s historical CSLI only after a neutral magistrate finds probable cause that a crime has been committed. Further, this Note argues that because cell phone users do not voluntarily convey CSLI to their ...


"Reasonable" Police Mistakes: Fourth Amendment Claims And The "Good Faith" Exception After Heien, Karen McDonald Henning 2016 St. John's University School of Law

"Reasonable" Police Mistakes: Fourth Amendment Claims And The "Good Faith" Exception After Heien, Karen Mcdonald Henning

St. John's Law Review

No abstract provided.


Arbitrary Law Enforcement Is Unreasonable: Whren's Failure To Hold Police Accountable For Traffic Enforcement Policies, Jonathan Witmer-Rich 2016 Cleveland-Marshall College of Law, Cleveland State University

Arbitrary Law Enforcement Is Unreasonable: Whren's Failure To Hold Police Accountable For Traffic Enforcement Policies, Jonathan Witmer-Rich

Jonathan Witmer-Rich

Whren v. United States is surely a leading contender for the most controversial and heavily criticized Supreme Court case that was decided in a short, unanimous opinion. The slip opinion is only thirteen pages long, and provoked no dissents or even concurring opinions. Critical reaction has been overwhelmingly negative. Criticism not withstanding, the Court has not retreated from Whren, but continues to repeat its core holding.

Part I frames the problem in Whren with a story. Part II sets forth the fundamental Fourth Amendment principle underlying this article—the prohibition against arbitrary search and seizure. Part III explains how arbitrariness ...


Cops On Trial: Did Fourth Amendment Case Law Help George Zimmerman’S Claim Of Self-Defense?, Josephine Ross 2016 Seattle University School of Law

Cops On Trial: Did Fourth Amendment Case Law Help George Zimmerman’S Claim Of Self-Defense?, Josephine Ross

Seattle University Law Review

When police kill unarmed civilians, prosecutors and grand juries often decline to bring criminal charges. Even when police officers are indicted, they are seldom convicted at trial. There are many reasons why police are rarely convicted for violent acts. Commentators have criticized the inherent conflict of interest for prosecutors who decide whether to bring charges and the fact that police are investigating their own. However, this article considers another way that police may be treated differently than other people suspected of committing violent crimes. The Fourth Amendment, designed to protect civilians from overzealous officers, now helps insulate police suspected of ...


Ordinance Allowing Search Without A Warrant Held Invalid, 2016 St. John's University School of Law

Ordinance Allowing Search Without A Warrant Held Invalid

The Catholic Lawyer

No abstract provided.


A Second Bite At The Apple: Federal Courts’ Authority To Compel Technical Assistance To Government Agents In Accessing Encrypted Smartphone Data Under The All Writs Act, John L. Potapchuk 2016 Boston College Law School

A Second Bite At The Apple: Federal Courts’ Authority To Compel Technical Assistance To Government Agents In Accessing Encrypted Smartphone Data Under The All Writs Act, John L. Potapchuk

Boston College Law Review

On February 29, 2016, in In re Order Requiring Apple, Inc. Assist in Execution of Search Warrant (“In re Apple, Inc.”) the U.S. District Court for the Eastern District of New York held that the All Writs Act did not provide the legal authority to require Apple Inc. to bypass the encrypted lock-screen passcode of an iPhone for the federal government in order to execute a search warrant. Accordingly, the decision, which was the first of its kind, stripped the government of an investigative tool upon which it had routinely relied since as early as 2008. In In re ...


New Approaches To Data-Driven Civilian Oversight Of Law Enforcement: An Introduction To The Second Nacole/Cjpr Special Issue, Daniel L. Stageman, Nicole M. Napolitano PhD, Brian Buchner 2016 CUNY John Jay College

New Approaches To Data-Driven Civilian Oversight Of Law Enforcement: An Introduction To The Second Nacole/Cjpr Special Issue, Daniel L. Stageman, Nicole M. Napolitano Phd, Brian Buchner

Publications and Research

In April of 2016, National Association for Civilian Oversight of Law Enforcement (NACOLE) and John Jay College partnered to sponsor the Academic Symposium “Building Public Trust: Generating Evidence to Enhance Police Accountability and Legitimacy.” This essay introduces the Criminal Justice Policy Review Special Issue featuring peer-reviewed, empirical research papers first presented at the Symposium. We provide context for the Symposium in relation to contemporary national discourse on police accountability and legitimacy. In addition, we review each of the papers presented at the Symposium, and provide in-depth reviews of each of the manuscripts included in the Special Issue.


Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules, Stephanos Bibas 2016 University of Pennsylvania Law School

Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules, Stephanos Bibas

Faculty Scholarship

Far too many reporters and pundits collapse law into politics, assuming that the left–right divide between Democratic and Republican appointees neatly explains politically liberal versus politically conservative outcomes at the Supreme Court. The late Justice Antonin Scalia defied such caricatures. His consistent judicial philosophy made him the leading exponent of originalism, textualism, and formalism in American law, and over the course of his three decades on the Court, he changed the terms of judicial debate. Now, as a result, supporters and critics alike start with the plain meaning of the statutory or constitutional text rather than loose appeals to ...


Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen 2016 Pace University School of Law

Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen

Pace Law Review

Part I of this note discusses the Fourth Amendment’s protection against unreasonable search and seizures and its probable cause requirement. The Fourth Amendment’s text remains the same since its enactment. However, interpretation of the Fourth Amendment continues to evolve in order to stay current with society. Interpretation of the Fourth Amendment also varies based on state constitutional law since states can provide its citizens with greater protection than the United States Constitution. This is why the United States Supreme Court, federal district courts, and state courts have all undergone thorough Fourth Amendment analyses when applying the true meaning ...


Cellphones, Stingrays, And Searches! An Inquiry Into The Legality Of Cellular Location Information, Jeremy H. D'Amico 2016 University of Miami Law School

Cellphones, Stingrays, And Searches! An Inquiry Into The Legality Of Cellular Location Information, Jeremy H. D'Amico

University of Miami Law Review

Can the Fourth Amendment protect an individual’s right privacy by preventing the disclosure of her location through cell site location information? Does it currently? Should it? Many court opinions answer these questions in both the affirmative and the negative. The rationale underlying each conclusion is disparate. Some rely on statutory regimes, others rely on the United States Supreme Court’s interpretation of reasonableness. However, Cell Site Location Information is a technology that requires uniformity in its interpretation. This note investigates the different interpretations of the Fourth Amendment as it relates to Cell Site Location Information. It explains the technology ...


That ‘70s Show: Why The 11th Circuit Was Wrong To Rely On Cases From The 1970s To Decide A Cell-Phone Tracking Case, David Oscar Markus, Nathan Freed Wessler 2016 University of Miami Law School

That ‘70s Show: Why The 11th Circuit Was Wrong To Rely On Cases From The 1970s To Decide A Cell-Phone Tracking Case, David Oscar Markus, Nathan Freed Wessler

University of Miami Law Review

In light of society's increasing reliance on technology, this article explores a critical question – that of the Fourth Amendment’s protection over privacy in the digital age. Specifically, this article addresses how the law currently fails to protect the privacy of one’s cell phone records and its ramifications. By highlighting the antiquated precedent leading up to the Eleventh Circuit’s ruling in United States v. Davis, this article calls on the judiciary to find a more appropriate balance for protecting the right to privacy in a modern society.


Border Search Exception: Historical Underpinnings, Present Challenges, Critical Importance, Jeffrey A. Vent 2016 American Public University System

Border Search Exception: Historical Underpinnings, Present Challenges, Critical Importance, Jeffrey A. Vent

Master's Capstone Theses

This paper examines the historical underpinnings, present challenges, and the critical importance of the border search exception to the warrant requirement imposed by the Fourth Amendment. The paper begins with a look at the history of the border search exception and traces it to modern day statutory law. The border search exception as it applies to electronic media is then examined to include current case law. Present challenges, or arguments against suspicionless electronic media searches, are presented and refuted. Further, arguments for maintaining a lack of individualized suspicion to conduct these searches are also explored. Finally, a brief examination of ...


Newsroom: Goldstein On Drug Databases 6-27-2016, Sheri Qualters, Roger Williams University School of Law 2016 Rhode Island Lawyers Weekly

Newsroom: Goldstein On Drug Databases 6-27-2016, Sheri Qualters, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Castaneda V. State Of Nevada, 132 Nev. Adv. Op. 44 (June 16, 2016), Chelsea Finnegan 2016 Nevada Law Journal

Castaneda V. State Of Nevada, 132 Nev. Adv. Op. 44 (June 16, 2016), Chelsea Finnegan

Nevada Supreme Court Summaries

Appellant was convicted of 15 counts of child pornography under NRS 200.730. Appellant contested 14 of the 15 charges, arguing that his possession of 15 images of child pornography constituted only one violation. The Court agreed and determined that prosecuting each image or depiction of child pornography as a separate charge under NRS 200.730 is not what the legislature intended. The statute should not be read to charge each “possession” as one violation. The Court reversed 14 of the charges.


“Criminal Records” - A Comparative Approach, Sigmund A. Cohn 2016 University of Georgia School of Law

“Criminal Records” - A Comparative Approach, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


A Fourth Amendment Framework For The Free Exercise Clause, Adam Lamparello 2016 Notre Dame Law School

A Fourth Amendment Framework For The Free Exercise Clause, Adam Lamparello

Journal of Legislation

No abstract provided.


If You Fly A Drone, So Can Police, Stephen E. Henderson 2016 University of Oklahoma College of Law

If You Fly A Drone, So Can Police, Stephen E. Henderson

Stephen E Henderson


According to the U.S. Constitution, the more you fly your drone, the more police can fly theirs. “Come on,” you might reply, “that hoary document”—and, yes, sorry to make you the sort who drops words like hoary—“that hoary document surely says nothing about drones.” But in fact it does. At least it does as interpreted by the courts. In particular, it is how they interpret the Fourth Amendment. So, to understand this aspect of drones, we first must understand this provision of the Bill of Rights...


The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton 2016 Cloudigy Law PLLC

The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton

Catholic University Journal of Law and Technology

No abstract provided.


Time To Rethink Cybersecurity Reform: The Opm Data Breach And The Case For Centralized Cybersecurity Infrastructure, Zachary Figueroa 2016 Catholic University of America, Columbus School of Law

Time To Rethink Cybersecurity Reform: The Opm Data Breach And The Case For Centralized Cybersecurity Infrastructure, Zachary Figueroa

Catholic University Journal of Law and Technology

No abstract provided.


Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal 2016 George Mason University Law School

Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal

Catholic University Journal of Law and Technology

No abstract provided.


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