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2013

Fourth Amendment

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Full-Text Articles in Law

Border Searches In The Age Of Terrorism, Robert M. Bloom Oct 2013

Border Searches In The Age Of Terrorism, Robert M. Bloom

Robert Bloom

This article will first explore the history of border searches. It will look to the reorganization of the border enforcement apparatus resulting from 9/11 as well as the intersection of the Fourth Amendment and border searches generally. Then, it will analyze the Supreme Court's last statement on border searches in the Flores-Montano27 decision, including what impact this decision has had on the lower courts. Finally, the article will focus on Fourth Amendment cases involving terrorism concerns after 9/11, as a means of drawing some conclusions about the effect the emerging emphasis on terrorism and national security concerns will likely have …


Has Skinner Killed The Katz? Are Society's Expectations Of Privacy Reasonable In Today's Techological World?, Jason Forcier Apr 2013

Has Skinner Killed The Katz? Are Society's Expectations Of Privacy Reasonable In Today's Techological World?, Jason Forcier

Jason Forcier

The right to privacy has and will remain a hotly contested debate about American liberties. In 2012, a 3-0 decision by the Sixth Circuit Court of Appeals, in United States v. Melvin Skinner, the court held that there is no “reasonable expectation of privacy in the data given off by. . . cellphone[s].” Given today’s explosion of cellular technology and use of smart phones, is it unreasonable to believe a person should remain secure in their "person" and “effects," as guaranteed under the Fourth Amendment, from unreasonable searches and seizures? Furthermore, with police requiring only a subpoena to a obtain …