Cloudy With A Chance Of Abused Privacy Rights: Modifying Third-Party Fourth Amendment Standing Doctrine Post-Spokeo,
2017
American University Washington College of Law
Cloudy With A Chance Of Abused Privacy Rights: Modifying Third-Party Fourth Amendment Standing Doctrine Post-Spokeo, Sarah E. Pugh
American University Law Review
No abstract provided.
Data Breaches, Identity Theft, And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits?,
2017
University of Cincinnati College of Law
Data Breaches, Identity Theft, And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits?, Bradford C. Mank
Notre Dame Law Review
In data breach cases, the plaintiff typically alleges that the defendant used inadequate computer security to protect the plaintiff’s personal data. In most, but not all cases, the plaintiff cannot prove that a hacker or thief has actually used or sold the data to the plaintiff’s detriment. In most cases, a plaintiff alleges that the defendant’s failure to protect his personal data has caused him damages by increasing his risk of suffering actual identity theft in the future and therefore imposed costs on the plaintiff when he reasonably takes measures to prevent future unauthorized third-party data access by purchasing credit …
Notice And Standing In The Fourth Amendment: Searches Of Personal Data,
2017
American University Washington College of Law
Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
In at least two recent cases, courts have rejected service providers' capacity to raise Fourth Amendment claims on behalf of their customers. These holdings rely on longstanding Supreme Court doctrine establishing a general rule against third parties asserting the Fourth Amendment rights of others. However, there is a key difference between these two recent cases and those cases on which the doctrine rests. The relevant Supreme Court doctrine stems from situations in which someone could take action to raise the Fourth Amendment claim, even if the particular thirdparty litigant could not. In the situations presented by the recent cases, by …
Body Worn Cameras With Facial Recognition Technology: When It Constitutes A Search,
2017
American University Washington College of Law
Body Worn Cameras With Facial Recognition Technology: When It Constitutes A Search, Kelly Blount
Criminal Law Practitioner
No abstract provided.
Recent Development: Sellman V. State: Absent Additional Circumstances, Consent To A Vehicle Search In A High Crime Area Does Not Create Reasonable Suspicion To Justify A Terry Frisk Of A Passenger Who Displays Nervous Behavior; Theft From A Vehicle Does Not Automatically Infer That An Individual Is Armed,
2017
University of Baltimore Law
Recent Development: Sellman V. State: Absent Additional Circumstances, Consent To A Vehicle Search In A High Crime Area Does Not Create Reasonable Suspicion To Justify A Terry Frisk Of A Passenger Who Displays Nervous Behavior; Theft From A Vehicle Does Not Automatically Infer That An Individual Is Armed, Ashley N. Simmons
University of Baltimore Law Forum
The Court of Appeals of Maryland held that, under the totality of the circumstances, a law enforcement officer did not have reasonable suspicion to conduct a Terry frisk of a passenger during a traffic stop. Sellman v. State, 449 Md. 526, 544, 144 A.3d 771, 782 (2016). The court ruled that a police department policy authorizing officers to conduct Terry frisks based on consent to search a vehicle violates the Fourth Amendment. Id. at 557, 144 A.3d at 790. The court further held that the crime of theft from vehicles does not imply the possession of a deadly weapon. Id. …
The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, “Particularly” Speaking,
2017
University of Richmond
The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, “Particularly” Speaking, Devin M. Adams
Law Student Publications
George Orwell's dystopia, with the ever-watchful Big Brother, has seemingly become a reality with the recently passed amendments to Rule 41 of the Federal Rules of Criminal Procedure. Rule 41, governing searches and seizures, now permits magistrate judges to authorize agents- under a single warrant- to "remotely access," and simultaneously search, copy and seize information from an infinite number of unknown electronic devices in multiple districts anywhere in the country. The unlimited jurisdiction provision is triggered when a device's location is obscured through "technological means," or if agents are investigating computer crimes in five or more districts- regardless of whether …
Reaching Across The Threshold Of The Fourth Amendment - Why Payton V. New York Should Be Interpreted Broadly,
2017
Southern Methodist University
Reaching Across The Threshold Of The Fourth Amendment - Why Payton V. New York Should Be Interpreted Broadly, Caroline Hunt
SMU Law Review
No abstract provided.
The Wrong Decision At The Wrong Time: Utah V. Strieff In The Era Of Aggressive Policin,
2017
University of Georgia School of Law
The Wrong Decision At The Wrong Time: Utah V. Strieff In The Era Of Aggressive Policin, Julian A. Cook Iii
SMU Law Review
No abstract provided.
Hotline Ping: Harmonizing Contemporary Cell Phone Technology With Traditional Fourth Amendment Protections,
2017
Roger Williams University School of Law, Candidate for Juris Doctor, 2017
Hotline Ping: Harmonizing Contemporary Cell Phone Technology With Traditional Fourth Amendment Protections, Brianne M. Chevalier
Roger Williams University Law Review
No abstract provided.
Illegal Stops And The Exclusionary Rule: The Consequences Of Utah V. Strieff,
2017
Roger Williams University School of Law
Illegal Stops And The Exclusionary Rule: The Consequences Of Utah V. Strieff, Emily Sack
Law Faculty Scholarship
No abstract provided.
The Benefits Outweigh The Costs: Illinois Should Apply State Exclusionary Rule As Remedy For Article I Section 6 Violations, 50 J. Marshall L. Rev. 397 (2017),
2017
UIC School of Law
The Benefits Outweigh The Costs: Illinois Should Apply State Exclusionary Rule As Remedy For Article I Section 6 Violations, 50 J. Marshall L. Rev. 397 (2017), Nicholas J. Kamide
UIC Law Review
This comment will argue that Illinois courts (1) are not restricted by their own judicially imposed lockstep doctrine from applying the exclusionary rule based on Article I Section 6 ("state exclusionary rule" herein); and (2) should specifically apply the state exclusionary rule as the remedy for Fourth Amendment violations (and Article I section 6 violations) instead of the exclusionary rule based on the language of the Fourth Amendment ("federal exclusionary rule" herein), which currently offers Illinois residents, and specifically criminal defendants, less constitutional protection.
Reviving The Fourth Amendment: Reasonable Expectation Of Privacy In A Cell Phone Age, 50 J. Marshall L. Rev. 555 (2017),
2017
UIC School of Law
Reviving The Fourth Amendment: Reasonable Expectation Of Privacy In A Cell Phone Age, 50 J. Marshall L. Rev. 555 (2017), Marisa Kay
UIC Law Review
No abstract provided.
Extraterritorial Constitutionalism: A Rule Proposed, 50 J. Marshall L. Rev. 787 (2017),
2017
UIC School of Law
Extraterritorial Constitutionalism: A Rule Proposed, 50 J. Marshall L. Rev. 787 (2017), Joseph Alfe
UIC Law Review
Does the Fourth Amendment apply in cases of cross-border shootings of foreign nationals, when those shots were fired by United States Border Patrol agents from American soil, striking a victim in Mexico? In oral argument, Petitioner failed to heed the trail of breadcrumbs strewn at his feet by inquisitive Supreme Court Justices. A workable, yet narrow rule that would plug the critically important gap in application of the United States Constitution to remedy such cross-border atrocities, was not articulated. I propose one here. The world’s busiest border is that which is shared between the United States and Mexico. Our countries …
Policing Predictive Policing,
2017
American University Washington College of Law
Policing Predictive Policing, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
Predictive policing is sweeping the nation, promising the holy grail of policing – preventing crime before it happens. Police have embraced predictive analytics and data-driven metrics to improve law enforcement tactics, practice, and strategy. Predictive “hot spots” become targets for intensive police surveillance. Targeted “hot people” become suspects. In big cities and small towns, data-based predictions drive police patrol schedules. Risk assessment algorithms target suspicious individuals. Increased data collection fuels a growing feedback loop requiring more robust data crunching systems.All of these predictive innovations share one thing in common: a belief that crime can be understood by identifying and analyzing …
The 'Smart' Fourth Amendment,
2017
American University Washington College of Law
The 'Smart' Fourth Amendment, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
“Smart” devices radiate data, detailing a continuous, intimate, and revealing pattern of daily life. Billions of sensors will soon collect data from smartphones, smart homes, smart cars, medical devices and an evolving assortment of consumer and commercial products. But, what are these data trails to the Fourth Amendment? Does data emanating from devices on or about our bodies, houses, things, and digital effects fall within the Fourth Amendment’s protection of “persons, homes, papers, or effects”? Does interception of this information violate a “reasonable expectation of privacy?”The “Internet of Things” and the growing proliferation of smart devices create new opportunities for …
Carpenter V. United States: Brief Of Scholars Of Criminal Procedure And Privacy As Amici Curiae In Support Of Petitioner,
2017
American University Washington College of Law
Carpenter V. United States: Brief Of Scholars Of Criminal Procedure And Privacy As Amici Curiae In Support Of Petitioner, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
Amici curiae are forty-two scholars engaged in significant research and/or teaching on criminal procedure and privacy law. This brief addresses issues that are within amici’s particular areas of scholarly expertise. They have a shared interest in clarifying the law of privacy in the digital era, and believe that a review of scholarly literature on the topic is helpful to answering the question in this case. This brief is co-authored by Harry Sandick, Kathrina Szymborski, & Jared Buszin of Patterson Belknap Webb & Tyler LLP.Carpenter v. United States presents an opportunity to reconsider the Fourth Amendment in the digital age. Cell …
More Like Blood: State V. Thompson,
2017
Mitchell Hamline School of Law
More Like Blood: State V. Thompson, Joshua L. Weichsel
Mitchell Hamline Law Review
No abstract provided.
Criminal Procedure: Confessions, Searches, And Seizures,
2017
Texas Court of Criminal Appeals
Criminal Procedure: Confessions, Searches, And Seizures, Elena Alicia Esparza, Honorable Michael E. Keasler
SMU Annual Texas Survey
No abstract provided.
Ithink My Electronic Data Is Secure, But Is It: A Constitutional Analysis Of In Re The Search Of An Apple Iphone,
2017
Touro University Jacob D. Fuchsberg Law Center
Ithink My Electronic Data Is Secure, But Is It: A Constitutional Analysis Of In Re The Search Of An Apple Iphone, Shira Bloom
Touro Law Review
No abstract provided.
Stingrays, Triggerfish, And Hailstroms, Oh My: The Fourth Amendment Implications Of The Increasing Government Use Of Cell-Site Simulators,
2017
Touro University Jacob D. Fuchsberg Law Center
Stingrays, Triggerfish, And Hailstroms, Oh My: The Fourth Amendment Implications Of The Increasing Government Use Of Cell-Site Simulators, Jenna Jonassen
Touro Law Review
No abstract provided.
