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Criminal Law

Northwestern Pritzker School of Law

Fourth Amendment

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Full-Text Articles in Law

The Fourth Amendment And The Problem Of Social Cost, Thomas P. Crocker Oct 2022

The Fourth Amendment And The Problem Of Social Cost, Thomas P. Crocker

Northwestern University Law Review

The Supreme Court has made social cost a core concept relevant to the calculation of Fourth Amendment remedies but has never explained the concept’s meaning. The Court limits the availability of both the exclusionary rule and civil damages because of their “substantial social costs.” According to the Court, these costs primarily consist of letting the lawbreaker go free by excluding evidence or deterring effective police practices that would lead to more criminal apprehension and prosecution. But recent calls for systemic police reform by social movements have a different view of social cost. So too do calls for reforming qualified immunity. …


The Second Amendment In A Carceral State, Alice Ristroph Aug 2021

The Second Amendment In A Carceral State, Alice Ristroph

Northwestern University Law Review

No abstract provided.


The Fourth Amendment In The Age Of Persistent Aerial Surveillance, John Pavletic Jan 2018

The Fourth Amendment In The Age Of Persistent Aerial Surveillance, John Pavletic

Journal of Criminal Law and Criminology

If Big Brother made movies, persistent aerial surveillance would be its masterpiece. Small airplanes are rigged with high-tech cameras that can continuously transmit real-time images to the ground. The aircraft is able to monitor an area of thirty square miles for ten hours at a time. This technology allows video analysts to zoom in and track the location of vehicles, and even people. It was originally designed for military use during the Iraq War, but since then, it has been adapted for civilian applications. In 2016, the Baltimore Police Department contracted with Persistent Surveillance Systems to carry out a trial …


The Dog Days Of Fourth Amendment Jurisprudence, Kit Kinports Aug 2013

The Dog Days Of Fourth Amendment Jurisprudence, Kit Kinports

NULR Online

No abstract provided.