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Bombed Away: How The Second Circuit Destroyed Fourth Amendment Rights Of U.S. Citizens Abroad, Carla Crandall 2010 Brigham Young University Law School

Bombed Away: How The Second Circuit Destroyed Fourth Amendment Rights Of U.S. Citizens Abroad, Carla Crandall

BYU Law Review

No abstract provided.


The Fourth Amendment In The Internet Age, Randall Coyne 2010 University of Oklahoma College of Law

The Fourth Amendment In The Internet Age, Randall Coyne

Randall Coyne

No abstract provided.


Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman 2010 Pace University School of Law

Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman

Pace Law Review

Part I of this Article discusses the facts in People v. Weaver, the majority and dissenting opinions in the Appellate Division, Third Department decision, and the majority and dissenting opinions in the Court of Appeals decision. Part II addresses the question that has yet to be decided by the U.S. Supreme Court—whether GPS tracking of a vehicle by law enforcement constitutes a search under the Fourth Amendment. Part III addresses the separate question that the Court of Appeals did not address in Weaver—whether the surreptitious attachment of a GPS device to a vehicle constitutes a seizure under ...


Safford Unified School District #1 V. Redding: Why Qualified Immunity Is A Poor Fit In Fourth Amendment School Search Cases, Eric W. Clarke 2010 Brigham Young University Law School

Safford Unified School District #1 V. Redding: Why Qualified Immunity Is A Poor Fit In Fourth Amendment School Search Cases, Eric W. Clarke

Brigham Young University Journal of Public Law

No abstract provided.


Flexing Judicial Muscles: Did The Ninth Circuit Abandon Judicial Restraint In United States V. Comprehensive Druge Testing, Inc.?, Allen H. Quist 2010 Brigham Young University Law School

Flexing Judicial Muscles: Did The Ninth Circuit Abandon Judicial Restraint In United States V. Comprehensive Druge Testing, Inc.?, Allen H. Quist

Brigham Young University Journal of Public Law

No abstract provided.


The Death Of Suspicion, Fabio Arcila Jr. 2010 Touro Law Center

The Death Of Suspicion, Fabio Arcila Jr.

William & Mary Law Review

At the nation’s founding, search warrants and the concept of suspicion were well entrenched as a means of limiting governmental search power. This tradition largely explains why today’s Fourth Amendment law includes two foundational black letter rules: the presumptive warrant requirement and the presumptive suspicion requirement. Unfortunately, neither of these rules is correct. Certainly they have historical support, especially in the common law. But whether they reflect the totality of our historic experience is questionable, especially when civil search practices are considered. More importantly, modern developments—such as urban life and technological advancements, the rise of the regulatory ...


The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf 2010 University of Massachusetts School of Law - Dartmouth

The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf

Faculty Publications

The case alerted me to the continuing issue concerning the treatment of alleged violations of Fourth Amendment rights in immigration court, with this article the result of research conducted relating thereto. Beyond reviewing the relevant views of the federal courts of appeals; the administrative tribunal that handles appeals of immigration court cases, the Board of Immigration Appeals (BIA); and even local immigration courts; I consider whether the jurisprudence has remained static since the Supreme Court's watershed opinion on the issue about twenty-five years ago. I also offer suggestions as to how to effectively, fairly, and efficiently resolve the issues ...


Bending Broken Rules: The Fourth Amendment Implications Of Full-Body Scanners In Preflight Screening, M. Madison Taylor 2010 University of Richmond

Bending Broken Rules: The Fourth Amendment Implications Of Full-Body Scanners In Preflight Screening, M. Madison Taylor

Richmond Journal of Law & Technology

In the face of emerging technology, the Fourth Amendment’s guarantee of protection against unreasonable searches and seizures is especially susceptible to erosion. As Justice Scalia wrote in Kyllo v. United States, “[i]t would be foolish to contend that the degree of privacy secured to citizens by the Fourth Amendment has been entirely unaffected by the advance of technology.” In Katz v. United States, technology compelled a dramatic shift in the Supreme Court’s interpretation of the Fourth Amendment. Prior to Katz, the Court generally interpreted the Fourth Amendment to prevent only the search and seizure of tangible things ...


A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd 2010 University of New Hampshire School of Law

A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd

Law Faculty Scholarship

For much of our nation’s history, the poor have faced pervasive discrimination in the exercise of fundamental rights. Nowhere has the impairment been more severe than in the area of privacy. This Article considers the enduring legacy of this tradition with respect to the Fourth Amendment right to domestic privacy. Far from a matter of receding historical interest, the diminution of the poor’s right to privacy has accelerated in recent years and now represents a powerful theme within the jurisprudence of poverty. Triggering this development has been a series of challenges to aggressive administrative practices adopted by localities ...


Continuing Seizure And The Fourth Amendment: Conceptual Discord And Evidentiary Uncertainty In United States V. Dupree, Darby G. Sullivan 2010 Villanova University Charles Widger School of Law

Continuing Seizure And The Fourth Amendment: Conceptual Discord And Evidentiary Uncertainty In United States V. Dupree, Darby G. Sullivan

Villanova Law Review

No abstract provided.


Veteran Police Officers And Three-Dollar Steaks: The Subjective/Objective Dimensions Of Probable Cause And Reasonable Suspicion, Kit Kinports 2010 Penn State Law

Veteran Police Officers And Three-Dollar Steaks: The Subjective/Objective Dimensions Of Probable Cause And Reasonable Suspicion, Kit Kinports

Journal Articles

This Article addresses two issues surrounding probable cause and reasonable suspicion that test the line between subjective and objective standards in Fourth Amendment jurisprudence: the extent to which a particular police officer’s training and experience ought to be considered in measuring probable cause and reasonable suspicion, and the relevance of the officer’s subjective beliefs about the presence of a weapon in assessing the reasonable suspicion required to justify a frisk. Although both questions have split the lower courts and remain unresolved by the Supreme Court, the majority of courts treat them inconsistently, recognizing the importance of an officer ...


Substitution Effects: A Problematic Justification For The Third-Party Doctrine Of The Fourth Amendment, Blake Ellis Reid 2010 University of Colorado Law School

Substitution Effects: A Problematic Justification For The Third-Party Doctrine Of The Fourth Amendment, Blake Ellis Reid

Articles

In the past half-century, the Supreme Court has crafted a vein of jurisprudence virtually eliminating Fourth Amendment protection in information turned over to third parties - regardless of any subjective expectation of privacy or confidentiality in the information on the part of the revealer. This so-called “third-party” doctrine of the Fourth Amendment has become increasingly controversial in light of the growing societal reliance on the Internet in the United States, where nearly every transaction requires a user to turn information over to at least one third party: the Internet service provider (“ISP”).

Citing the scholarship that has criticized the third-party doctrine ...


Suspicion And The Protection Of Fourth Amendment Values, Fabio Arcila Jr. 2010 Touro Law Center

Suspicion And The Protection Of Fourth Amendment Values, Fabio Arcila Jr.

Scholarly Works

Suspicion is perhaps the core foundational principle through which we seek to protect and vindicate Fourth Amendment values. Fourth Amendment law could not be clearer, and repeats over and over again, that it proceeds from a presumptive suspicion requirement. We are all so familiar with that proposition that we can easily incant it: a governmental search is presumptively unconstitutional unless supported by some threshold of prior suspicion. Though suspicion is thus a hallmark of Fourth Amendment black letter law, I come to critique it. I critique it because the presumptive suspicion requirement's provenance is historically questionable, both as a ...


The Danger To Confidential Communications In The Mismatch Between The Fourth Amendment's "Reasonable Expectation Of Privacy" And The Confidentiality Of Evidentiary Privileges, Robert P. Mosteller, Kenneth S. Broun 2010 Campbell University School of Law

The Danger To Confidential Communications In The Mismatch Between The Fourth Amendment's "Reasonable Expectation Of Privacy" And The Confidentiality Of Evidentiary Privileges, Robert P. Mosteller, Kenneth S. Broun

Campbell Law Review

In May 2009, a bare majority of the Supreme Court of North Carolina decided State v. Rollins, making a serious mistake in privilege law that if applied generally will undermine the valued protections of evidentiary privileges. Ordinarily, few might criticize a ruling admitting statements like those made by the defendant, Mickey Rollins, who indicated his guilt for a homicide. However, Rollins' statements were made to his wife, and under established precedent, those conversations should have been ruled a privileged marital communication.


The Political Fourth Amendment, Thomas P. Crocker 2010 University of South Carolina School of Law

The Political Fourth Amendment, Thomas P. Crocker

Washington University Law Review

The Political Fourth Amendment builds on Justice Ginsburg's recent dissent in Herring v. United States to argue for a “more majestic conception” of the Fourth Amendment focused on protecting political liberty. To put the point dramatically, we misread the Fourth Amendment when we read it exclusively as a criminal procedure provision focused entirely on either regulating police or protecting privacy. In order to see the Fourth Amendment as contributing to the Constitution's protections for political liberty, and not simply as an invitation to regulate police practice, we must take seriously the fact that the Fourth Amendment's textual ...


Randomization And The Fourth Amendment, Bernard E. Harcourt, Tracey L. Meares 2010 Columbia Law School

Randomization And The Fourth Amendment, Bernard E. Harcourt, Tracey L. Meares

Faculty Scholarship

Randomized checkpoint searches are generally taken to be the exact antitheses of reasonableness under the Fourth Amendment. In the eyes of most jurists, checkpoint searches violate the central requirement of valid Fourth Amendment searches – namely, individualized suspicion. We disagree. In this article, we contend that randomized searches should form the very lodestar of a reasonable search. The fact is that the notion of “individualized” suspicion is misleading; most suspicion in the modern policing context is group-based and not individual specific. Randomized searches by definition are accompanied by a certain level of suspicion. The constitutional issue, we maintain, should not turn ...


The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?, Deborah L. Meyer 2010 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.


Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl 2010 John Marshall Law School

Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl

The John Marshall Law Review

No abstract provided.


How Far Can The Automobile Exception Go? How Searches Of Computers And Similar Devices Push It To The Limit, 43 J. Marshall L. Rev. 1119 (2010), Andrew Wrona 2010 John Marshall Law School

How Far Can The Automobile Exception Go? How Searches Of Computers And Similar Devices Push It To The Limit, 43 J. Marshall L. Rev. 1119 (2010), Andrew Wrona

The John Marshall Law Review

No abstract provided.


Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul McNaughton 2010 John Marshall Law School

Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton

The John Marshall Law Review

No abstract provided.


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