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Implications Of The Private Search Doctrine In A Digital Age: Advocating For Limitations On Warrantless Searches Through Adoption Of The Virtual File Approach, Brianna M. Espeland 2018 UIdaho Law

Implications Of The Private Search Doctrine In A Digital Age: Advocating For Limitations On Warrantless Searches Through Adoption Of The Virtual File Approach, Brianna M. Espeland

Idaho Law Review

No abstract provided.


Lack Of “Purposefulness” & “Flagrancy” Or Simply Turning A Blind Eye To The Current State Of Affairs?: The Need For Statistical Data, Renei Caballes 2018 Golden Gate University School of Law

Lack Of “Purposefulness” & “Flagrancy” Or Simply Turning A Blind Eye To The Current State Of Affairs?: The Need For Statistical Data, Renei Caballes

Golden Gate University Law Review

This Comment argues that the Court misapplied the attenuation doctrine in Strieff, specifically in its application and interpretation of the language “purposeful and flagrant” and explores the possible implications of this decision. First, Section I explains the Fourth Amendment and the basic principles of law regarding searches and seizures, including the exclusionary rule and attenuation doctrine. Then, Section II examines the circuit court split prior to Utah v. Strieff and how each circuit interpreted the language “purposeful and flagrant.” Finally, Section III analyzes the issues with the Supreme Court’s interpretation of “purposeful and flagrant” in Utah v. Strieff and ...


Fourth Amendment Localism, Wayne A. Logan 2018 Florida State University College of Law

Fourth Amendment Localism, Wayne A. Logan

Indiana Law Journal

INTRODUCTION - p. 370

I. SUBNATIONAL CONSTITUTIONALISM - p. 376

A. SUBSTANTIVE LAW - p. 377

B. GEOGRAPHY - p. 379

C. RESOURCES - p. 381

II. THE LOCALISTS - p. 382

A. “NEW DEMOCRATISTS” - p. 383

B. “NEW ADMINISTRATIVISTS” - p. 386

C. SUMMARY - p. 389

III. ASSESSING LOCALISM’S LIMITS - p. 391

A. TAILORING - p. 391

B. EXPERIMENTATION - p. 399

C. TIEBOUT SORTING AND EXTERNALITIES - p. 404

IV. WHITHER FOURTH AMENDMENT LOCALISM - p. 408

A. FOURTH AMENDMENT EXCEPTIONALISM - p. 409

  1. INDIVIDUAL INTERESTS - p. 409
  2. STRUCTURAL DEMOCRATIC INTERESTS - p. 411
  3. COMPARATIVE DISTINCTIVENESS - p. 413

B. “LEVELING UP” FOURTH AMENDMENT DOCTRINE - p. 416

CONCLUSION - p. 419


Thank You All The Same, But I’D Rather Not Be Seized Today: The Constitutionality Of Ruse Checkpoints Under The Fourth Amendment, Nadia B. Soree 2018 St. Thomas University School of Law

Thank You All The Same, But I’D Rather Not Be Seized Today: The Constitutionality Of Ruse Checkpoints Under The Fourth Amendment, Nadia B. Soree

Buffalo Law Review

No abstract provided.


Steering (Or Not) Through The Social And Legal Implications Of Autonomous Vehicles, Melissa L. Griffin 2018 Pepperdine University

Steering (Or Not) Through The Social And Legal Implications Of Autonomous Vehicles, Melissa L. Griffin

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


These Walls Can Talk! Securing Digital Privacy In The Smart Home Under The Fourth Amendment, Stefan Ducich 2018 Duke Law

These Walls Can Talk! Securing Digital Privacy In The Smart Home Under The Fourth Amendment, Stefan Ducich

Duke Law & Technology Review

Privacy law in the United States has not kept pace with the realities of technological development, nor the growing reliance on the Internet of Things (IoT). As of now, the law has not adequately secured the “smart” home from intrusion by the state, and the Supreme Court further eroded digital privacy by conflating the common law concepts of trespass and exclusion in United States v. Jones. This article argues that the Court must correct this misstep by explicitly recognizing the method by which the Founding Fathers sought to “secure” houses and effects under the Fourth Amendment. Namely, the Court must ...


“A Search Is A Search”: Scanning A Credit, Debit, Or Gift Card Is A Search Under The Fourth Amendment, John A. LeBlanc 2018 Boston College Law School

“A Search Is A Search”: Scanning A Credit, Debit, Or Gift Card Is A Search Under The Fourth Amendment, John A. Leblanc

Boston College Law Review

On May 18, 2017, the U.S. Court of Appeals for the First Circuit, in United States v. Hillaire, joined the Fifth, Sixth, and Eighth circuits in holding that the government’s act of scanning the magnetic stripes of lawfully seized credit, debit, or gift cards to access the information encoded therein is not a search within the meaning of the Fourth Amendment. In each case, the courts concluded that an individual is precluded from claiming a reasonable expectation of privacy in the electronic information encoded on a card’s magnetic stripe. This Note provides an overview of how Fourth ...


Policing, Technology, And Doctrinal Assists, Bennett Capers 2018 University of Florida Levin College of Law

Policing, Technology, And Doctrinal Assists, Bennett Capers

Florida Law Review

Sounding the alarm about technology, policing, and privacy has become an almost daily occurrence. We are told that the government’s use of technology as a surveillance tool is an “insidious assault on our freedom.” That it is “nearly impossible to live today without generating thousands of records about what we watch, read, buy and do—and the government has access to them.” The message is clear. Big Brother is watching. And we should be afraid.

But the police use of technology, or what this Article terms “techno-policing,” does not have to be dystopian. This Article challenges conventional thinking and ...


Excessive Force, Police Dogs, And The Fourth Amendment In The Ninth Circuit: The Use Of Summary Judgement In Lowry V. City Of San Diego, Natasha Dobrott 2018 Boston College Law School

Excessive Force, Police Dogs, And The Fourth Amendment In The Ninth Circuit: The Use Of Summary Judgement In Lowry V. City Of San Diego, Natasha Dobrott

Boston College Law Review

On June 6, 2017, in Lowry v. City of San Diego, the U.S. Court of Appeals for the Ninth Circuit sitting en banc upheld a district court’s grant of summary judgment, dismissing a claim under 42 U.S.C. § 1983 for use of excessive force in violation of the Fourth Amendment to the U.S. Constitution, in the context of “bite and hold” training for police dogs. This Comment argues that although the use of force in Lowry may have been reasonable, the court was incorrect in deciding this question as a matter of law. The fact-intensive objective ...


Self Incrimination And Cryptographic Keys, Gregory S. Sergienko 2018 Concordia University School of Law

Self Incrimination And Cryptographic Keys, Gregory S. Sergienko

Greg Sergienko

Modern cryptography can make it virtually impossible to decipher documents without the cryptographic key thus making the availability of the contents of those documents depend on the availability of the key. This article examines the Fourth and Fifth Amendments' protection against the compulsory production of the key and the scope of the Fifth Amendment immunity against compelled production. After analyzing these questions using prevailing Fourth and Fifth Amendment jurisprudence, I shall describe the advantages of a privacy-based approach in practical and constitutional terms. [excerpt]


Whren V. United States: An Abrupt End To The Debate Over Pretextual Stops, Brian J. O'Donnell 2018 University of Maine School of Law

Whren V. United States: An Abrupt End To The Debate Over Pretextual Stops, Brian J. O'Donnell

Maine Law Review

In Whren v. United States, the United States Supreme Court held that a traffic stop is reasonable under the Fourth Amendment if a police officer has probable cause to believe that a traffic violation has occurred, even if the stop is a pretext for the investigation of a more serious offense. The Court affirmed the convictions of Michael A. Whren and James L. Brown, who had been arrested on federal drug charges after Washington, D.C., police stopped Brown for minor traffic infractions. The Court's unanimous opinion, delivered by Justice Scalia, brought an end to a long-running debate over ...


What Caused The 2016 Chicago Homicide Spike? An Empirical Examination Of The 'Aclu Effect' And The Role Of Stop And Frisks In Preventing Gun Violence, Paul Cassell, Richard Fowles 2018 S.J. Quinney College of Law, University of Utah

What Caused The 2016 Chicago Homicide Spike? An Empirical Examination Of The 'Aclu Effect' And The Role Of Stop And Frisks In Preventing Gun Violence, Paul Cassell, Richard Fowles

Utah Law Faculty Scholarship

Homicides increased dramatically in Chicago in 2016. In 2015, 480 Chicago residents were killed. The next year, 754 were killed–274 more homicide victims, tragically producing an extraordinary 58% increase in a single year. This article attempts to unravel what happened.

This article provides empirical evidence that the reduction in stop and frisks by the Chicago Police Department beginning around December 2015 was responsible for the homicide spike that started immediately thereafter. The sharp decline in the number of stop and frisks is a strong candidate for the causal factor, particularly since the timing of the homicide spike so perfectly ...


Blank Slates, Matthew Tokson 2018 University of Utah S.J. Quinney College of Law

Blank Slates, Matthew Tokson

Boston College Law Review

Courts sometimes confront gaps in formal law where doctrinal sources like text, history, and precedent fail to offer guidance in resolving a particular case. When these gaps are narrow, judges can generally address them through analogical reasoning or intuition. But sometimes legal gaps are too substantial to be filled with one-off decisions, and judges are called upon to create whole legal tests without the benefit of formal guidance or constraint. Courts currently lack a theoretical framework for addressing these difficult situations. This Article analyzes these “legal blank slates” and provides a framework for addressing them. Blank slates are less common ...


A Man’S Home Is His Castle, But It Has A Secret Dungeon: Domestic Violence Victims Need An Amendment To Florida’S All-Party Consent Law, David K. Warren 2018 University of Florida Levin College of Law

A Man’S Home Is His Castle, But It Has A Secret Dungeon: Domestic Violence Victims Need An Amendment To Florida’S All-Party Consent Law, David K. Warren

Florida Law Review

Domestic violence is an epidemic that is occurring at alarming rates throughout the state of Florida and across the nation. Much of that abuse occurs behind closed doors inside the home where there are no witnesses. Because Florida law does not allow a person to record communications without the consent of everyone else involved, victims are forced to rely on uncorroborated verbal accusations when they report their abuse. Unfortunately, it is difficult to prosecute these cases because they turn into credibility contests where the abuser often has an unfair advantage and has learned how to manipulate the system. If the ...


Standing Under State Search And Seizure Provision: Why The Minnesota Supreme Court Should Have Rejected The Federal Standards And Instead Invoked Greater Protection Under Its Own Constitution In State V. Carter, Rebecca C. Garrett 2018 University of Maine School of Law

Standing Under State Search And Seizure Provision: Why The Minnesota Supreme Court Should Have Rejected The Federal Standards And Instead Invoked Greater Protection Under Its Own Constitution In State V. Carter, Rebecca C. Garrett

Maine Law Review

In State v. Carter, the Minnesota Supreme Court considered whether a criminal defendant had “standing” to challenge an alleged search under the Fourth Amendment and Article 1, Section 10 of the Minnesota Constitution. The defendant moved to suppress evidence obtained by a police officer who had peered in the window of an apartment where the defendant was participating in a drug-packaging operation with the apartment's leaseholder. A divided court held that the defendant had a legitimate expectation of privacy in the apartment. Therefore, the defendant had standing to challenge the legality of the police officer's observations pursuant to ...


Licensed To Kill? An Analysis Of The Standard For Assessing Law Enforcement's Criminal Liability For Use Of Deadlly Force, Raoul Shah 2018 Mitchell Hamline School of Law

Licensed To Kill? An Analysis Of The Standard For Assessing Law Enforcement's Criminal Liability For Use Of Deadlly Force, Raoul Shah

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Rhode Island's Prescription Drug Database: Warrantless Searches By Law Enforcement Pass Constitutional Muster, Stephen D. Lapatin 2018 J.D. Candidate, 2019, Roger Williams University School of Law

Rhode Island's Prescription Drug Database: Warrantless Searches By Law Enforcement Pass Constitutional Muster, Stephen D. Lapatin

Roger Williams University Law Review

No abstract provided.


Blood On Their Hands: What Minnesota Authorities Can Do With Broad Warrants For Blood Draw Testing—State V. Fawcett, Matthew Porter 2018 Mitchell Hamline School of Law

Blood On Their Hands: What Minnesota Authorities Can Do With Broad Warrants For Blood Draw Testing—State V. Fawcett, Matthew Porter

Mitchell Hamline Law Review

No abstract provided.


Terry Stops And Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David Rudovsky, David A. Harris 2018 University of Pennsylvania Law School

Terry Stops And Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David Rudovsky, David A. Harris

Faculty Scholarship at Penn Law

The investigative detention doctrine first announced in Terry v. Ohio and amplified over the past fifty years has been much analyzed, praised, and criticized from a number of perspectives. Significantly, however, over this time period commentators have only occasionally questioned the Supreme Court’s “common sense” judgments regarding the factors sufficient to establish reasonable suspicion for stops and frisks. For years, the Court has provided no empirical basis for its judgments, due in large part to the lack of reliable data. Now, with the emergence of comprehensive data on these police practices, much can be learned about the predictive power ...


Index: Sports Law In Law Reviews And Journals, Jordan Lysiak 2018 Marquette University Law School

Index: Sports Law In Law Reviews And Journals, Jordan Lysiak

Marquette Sports Law Review

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