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Upholding Citizens’ Privacy In The Use Of Stingray Technology: Is New York Behind?, Samantha Hazen
Upholding Citizens’ Privacy In The Use Of Stingray Technology: Is New York Behind?, Samantha Hazen
Pace Law Review
This Comment will argue that New York should follow the federal agencies’ and states’ leads by imposing a warrant requirement supported by probable cause on local and state agencies that wish to use Stingray technology in their investigations. The first section will explore Stingray technology and how it works. The second section will frame the issue and describe New York’s current standard. The third section will discuss the judicial response to the issue and how New York courts seem to place the burden of upholding privacy on the citizen, instead of the government. The third section will also discuss a …
Searches Incident To Arrest And The Aftermath Of Arizona V. Gant – A Circuit Split As To Gant’S Applicability To Non-Vehicular Searches, Nicholas De Sena
Searches Incident To Arrest And The Aftermath Of Arizona V. Gant – A Circuit Split As To Gant’S Applicability To Non-Vehicular Searches, Nicholas De Sena
Pace Law Review
The nation’s struggle to balance individual rights of privacy and legitimate law enforcement efforts continues without any clear resolution in sight. The Fourth Amendment of the United States Constitution guarantees citizens the right to be free from unreasonable searches and seizures, stating that search warrants shall be issued only with a showing of probable cause, a description of the place to be searched, and the persons or things to be seized. Complementing the warrant requirement is the principal that searches done without a warrant are per se unreasonable. The Supreme Court, however, has recognized exceptions to the warrant requirement under …