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

Fourth Amendment Commons

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

1,938 Full-Text Articles 1,377 Authors 721,205 Downloads 107 Institutions

All Articles in Fourth Amendment

Faceted Search

1,938 full-text articles. Page 1 of 52.

Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips 2020 Gary Kessler Associates / Embry-Riddle Aeronautical University - Daytona Beach

Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips

Journal of Digital Forensics, Security and Law

Military-grade cryptography has been widely available at no cost for personal and commercial use since the early 1990s. Since the introduction of Pretty Good Privacy (PGP), more and more people encrypt files and devices, and we are now at the point where our smartphones are encrypted by default. While this ostensibly provides users with a high degree of privacy, compelling a user to provide a password has been interpreted by some courts as a violation of our Fifth Amendment protections, becoming an often insurmountable hurdle to law enforcement lawfully executing a search warrant. This paper will explore some of the ...


Wire(Less) Tapping: Protecting Arkansans' Fourth Amendment Right In The Era Of The Cloud, Erin James 2020 University of Arkansas, Fayetteville

Wire(Less) Tapping: Protecting Arkansans' Fourth Amendment Right In The Era Of The Cloud, Erin James

Arkansas Law Review

Every day we surround ourselves with dozens of devices that monitor our every move, every request, all connecting with one another and sending massive amounts of data back to the device manufacturers. The idea of the prosecution placing the little black cylinder of your Amazon Alexa on the witness stand and asking Alexa to testify against you seems like something pulled from an Orwellian nightmare. But, in reality, it is already occurring.


Recent Developments, Peyton Hildebrand 2020 University of Arkansas, Fayetteville

Recent Developments, Peyton Hildebrand

Arkansas Law Review

In a 5-4 opinion, the United States Supreme Court once again denied a Bivens action. This case involved a tragic crossborder shooting by a border patrol agent standing on United States soil, who shot and killed a young boy standing on Mexican soil. Petitioners, the boy’s parents, sought relief under Biven2, arguing the agent’s action violated the Constitution. However, the Court determined the cross-border shooting was a new Bivens context, which required an analysis of whether any special factors “counseled hesitation” for the cause of action to be extended. The Court concluded Bivens was inappropriate because several factors ...


Law Enforcement Welfare Checks And The Community Caretaking Exception To The Fourth Amendment Warrant Requirement, Andrea L. Steffan 2020 Loyola Marymount University and Loyola Law School

Law Enforcement Welfare Checks And The Community Caretaking Exception To The Fourth Amendment Warrant Requirement, Andrea L. Steffan

Loyola of Los Angeles Law Review

No abstract provided.


A Too Permeating Police Surveillance: Consumer Genetic Genealogy And The Fourth Amendment After Carpenter, Michael I. Selvin 2020 Loyola Marymount University and Loyola Law School

A Too Permeating Police Surveillance: Consumer Genetic Genealogy And The Fourth Amendment After Carpenter, Michael I. Selvin

Loyola of Los Angeles Law Review

No abstract provided.


Preventing Parkland: A Workable Fourth Amendment Standard For Searching Juveniles' Smartphones Amid School Threats In A Post-Parkland World, Andrew Mueller 2020 William & Mary Law School

Preventing Parkland: A Workable Fourth Amendment Standard For Searching Juveniles' Smartphones Amid School Threats In A Post-Parkland World, Andrew Mueller

William & Mary Bill of Rights Journal

On February 14, 2018, Nikolas Cruz, age nineteen, went to the Marjory Stoneman Douglas High School campus in Parkland, Florida, armed with an AR-15 rifle. He opened fire, killing seventeen students. His unspeakable actions culminated in an attack, which eclipsed the 1999 Columbine High School Massacre to become the deadliest school shooting at a high school in American history. In the immediate months following this still-recent tragedy, schools across the United States were flooded with “copycat” threats of violence. Terroristic threat charges levied against juveniles have likewise skyrocketed.

These recent events have resulted in new and burdensome pressures for schools ...


Syllabus For Issues In Law Enforcement: Cybersecurity And Public Interest Technology, Amy J. Ramson 2020 CUNY Hostos Community College

Syllabus For Issues In Law Enforcement: Cybersecurity And Public Interest Technology, Amy J. Ramson

Open Educational Resources

This is a syllabus for a course in Issues in Law Enforcement. The curriculum is a public interest technology course in cybersecurity. Principally, the federal government handles cybersecurity investigations along with some state governments and the FBI acts as the center for all cybersecurity complaints.

The course expands beyond law enforcement and provides a comprehensive background to the field through the following presentations: a history of cybersecurity; an explanation of the Internet; an introduction to cybercrime and cybersecurity techniques; the legal environment, which includes a survey of law enforcement and prosecution departments and agencies, and federal and NY state criminal ...


Cybersecurity-The Silk Road Market, Amy J. Ramson 2020 CUNY Hostos Community College

Cybersecurity-The Silk Road Market, Amy J. Ramson

Open Educational Resources

This presentation is about the Silk Road Market, one of the largest cases of illegal drug activity on the dark web, that the federal government has prosecuted. Beyond discussing the case, the presentation adds general facts about the US Department of Justice, the FBI and the DEA, and federal sentencing. The case discussion includes information about: Ross Ulbricht the creator and head of the market; how the Silk Road operated; the involvement of the FBI and DEA; the trial; the fourth amendment violations alleged by the defense; and the sentencing.


United States V. Cano: The Ninth Circuit Limits Warrantless Searches Of Cell Phones At The Border, Kate Christensen 2020 Golden Gate University School of Law

United States V. Cano: The Ninth Circuit Limits Warrantless Searches Of Cell Phones At The Border, Kate Christensen

Golden Gate University Law Review

In United States v. Cano, the Ninth Circuit Court of Appeals held that certain limitations apply to searches of cell phones at the border. First, the search must be limited in scope; the search must be conducted to discover digital contraband, not evidence of a future crime. Second, if the search is forensic, meaning the search greatly intrudes upon the privacy of an individual, the search is only valid if the government actor had reasonably believed that the cell phone possessed contraband.


Forensic Searches Of Electronic Devices And The Border Search Exception: Movement Toward Requirement For Particularized Suspicion, Marissa Pursel 2020 The University of Akron

Forensic Searches Of Electronic Devices And The Border Search Exception: Movement Toward Requirement For Particularized Suspicion, Marissa Pursel

Akron Law Review

Under current federal law, government agents at the national border have broad discretion to search a traveler seeking to enter or exit the United States. While these government agents would generally need a warrant to conduct the same search elsewhere, searches at the border do not require any degree of suspicion. The policy argument that protects this practice is national security, recognizing the border’s vulnerability to physical threats such as the transportation of contraband and dangerous weapons. Current federal policy, however, makes no distinction between the search of a traveler’s suitcase and the search of her smartphone. The ...


Failing To Keep The Cat In The Bag: A Decennial Assessment Of Federal Rule Of Evidence 502'S Impact On Forfeiture Of Legal Privilege Under Customary Waiver Doctrine, Jared S. Sunshine 2020 Cleveland State University

Failing To Keep The Cat In The Bag: A Decennial Assessment Of Federal Rule Of Evidence 502'S Impact On Forfeiture Of Legal Privilege Under Customary Waiver Doctrine, Jared S. Sunshine

Cleveland State Law Review

Federal Rule of Evidence 502—providing certain exemptions from the surrender of attorney-client and work product privilege because a confidential item was disclosed—had great expectations to live up to after its enactment in 2008, as Congress and others heralded it as a panacea to litigation’s woes in the face of bourgeoning discovery. The enacted rule was the subject of much skepticism by the academic punditocracy, however. Ten years later, this Article surveys the actual results and finds that, regrettably, pessimism has proven the better prediction. Percolation of debate over the rule’s many ambiguities and courts’ disparate approaches ...


The Reasonableness And Unreasonableness Of Delays In Obtaining Search Warrants, Brianna N. Stanley 2020 Mercer University School of Law

The Reasonableness And Unreasonableness Of Delays In Obtaining Search Warrants, Brianna N. Stanley

Mercer Law Review

Imagine a couple driving down the road and lawfully being stopped by police. Next, envision that traffic stop turning into an arrest and the couple's phones being seized, their vehicle being impounded, and their computer and tablet within the vehicle taken to the inventory room at the police department. If you are thinking this does not sound like anything out of the ordinary, you would be correct. However, imagine their defense attorney constantly asking for the phone, tablet, and computer to be given back to the couple so that evidence on these devices could be examined for their criminal ...


The Probationer, The Free Man, And The Fourth Amendment: Constitutional Protections For Those Who Have Served Their Sentences And Those Who Have Not, Rachel Ness-Maddox 2020 Mercer University School of Law

The Probationer, The Free Man, And The Fourth Amendment: Constitutional Protections For Those Who Have Served Their Sentences And Those Who Have Not, Rachel Ness-Maddox

Mercer Law Review

In Park v. State, the Georgia Supreme Court evaluated whether persons convicted of sexual offenses and subsequently classified as "sexually dangerous predator[s]" may be required to wear Global Positioning System (GPS) tracking devices after serving their full sentences, including fulfilling probation or parole requirements. The court held that, under the Fourth Amendment of the United States Constitution, such a requirement is invalid because it infringes on the right free people have against unreasonable searches and seizures executed by the state—no matter the crimes for which they were convicted or their status as registered sex offenders. However, the court ...


The Indiscretion Of Friends: Fourth Amendment Concerns About The Ability To Predict A Person’S Online Social Activity By Monitoring Her Contacts, George M. Dery III 2020 University of Minnesota Law School

The Indiscretion Of Friends: Fourth Amendment Concerns About The Ability To Predict A Person’S Online Social Activity By Monitoring Her Contacts, George M. Dery Iii

Minnesota Journal of Law, Science & Technology

No abstract provided.


Adapting U.S. Electronic Surveillance Laws, Policies, And Practices To Reflect Impending Technological Developments, Eric Manpearl 2020 The Catholic University of America, Columbus School of Law

Adapting U.S. Electronic Surveillance Laws, Policies, And Practices To Reflect Impending Technological Developments, Eric Manpearl

Catholic University Law Review

Intelligence collection must always evolve to meet technological developments. While the collection programs under Section 702 of the FISA Amendments Act of 2008 have produced a great deal of valuable intelligence over the last decade, the United States must begin to think about foreseeable technological developments and strategically consider how to conduct signals intelligence (SIGINT) collection in the future.

This Article identifies four technological trends that could significantly impact the way the United States conducts SIGINT. Individuals now have access to sophisticated technologies that formerly only governments seemed capable of creating, and this decentralization of capabilities will likely only increase ...


Peffer V. Stephens: Probable Cause, Searches And Seizures Within The Home, And Why Using Technology Should Not Open Your Front Door, Shane Landers 2020 Texas A&M University School of Law (Student)

Peffer V. Stephens: Probable Cause, Searches And Seizures Within The Home, And Why Using Technology Should Not Open Your Front Door, Shane Landers

Texas A&M Law Review

The Fourth Amendment provides for the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. Search warrants may only be issued upon a finding of probable cause. This core tenet of our constitutional republic becomes progressively flexible with every development in Fourth Amendment interpretation. In Peffer v. Stephens, the United States Court of Appeals for the Sixth Circuit delivered the latest blow to constitutional rights that restrict the State from engaging in unprincipled searches. In an issue of first impression, the Sixth Circuit held that a criminal defendant’s alleged ...


Cryptocurrencies' Revolt Against The Bsa: Why The Supreme Court Should Hold That The Bank Secrecy Act Violates The Fourth Amendment, Jeremy Ciarabellini 2020 Seattle University School of Law

Cryptocurrencies' Revolt Against The Bsa: Why The Supreme Court Should Hold That The Bank Secrecy Act Violates The Fourth Amendment, Jeremy Ciarabellini

Seattle Journal of Technology, Environmental & Innovation Law

The Bank Secrecy Act (BSA) creates a Hobson’s choice: one must either struggle to function in modern society without a bank account or submit to financial surveillance by the government. Both choices result in drastic consequences.


The Needle And The Damage Done: Mitchell V. Wisconsin'S Sweeping Rule For Warrantless Blood Draws On Unconscious Dui Suspects, Dyllan Taxman 2020 Law Clerk, United States Court of Appeals for the Eighth Circuit

The Needle And The Damage Done: Mitchell V. Wisconsin'S Sweeping Rule For Warrantless Blood Draws On Unconscious Dui Suspects, Dyllan Taxman

Notre Dame Law Review Reflection

In a normal year, the annual death toll from drunk driving accidents in the United States will roughly equal the total number of victims of the September 11th terrorist attacks and service members killed in the War on Terror combined. And while every state has enacted increasingly progressive laws to prevent and punish driving under the influence (DUI), episodes of drunk driving remain consistent year to year and less than one percent of self-reported drunk drivers are arrested. Drunken and drugged driving is, both in lay terms and legally speaking, a compelling public issue. But the Fourth Amendment of the ...


Cell-Site Location Information And The Privacies Of Life: The Impact Of Carpenter V. United States, Trevor Moore 2020 Loyola Marymount University and Loyola Law School

Cell-Site Location Information And The Privacies Of Life: The Impact Of Carpenter V. United States, Trevor Moore

Loyola of Los Angeles Law Review

No abstract provided.


Digital Commons powered by bepress