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The Private Search Doctrine And The Evolution Of Fourth Amendment Jurisprudence In The Face Of New Technology: A Broad Or Narrow Exception?, Adam A. Bereston
The Private Search Doctrine And The Evolution Of Fourth Amendment Jurisprudence In The Face Of New Technology: A Broad Or Narrow Exception?, Adam A. Bereston
Catholic University Law Review
The advent of new technology has presented courts with unique challenges when analyzing searches and seizures under the Fourth Amendment. Out of necessity, the application of the Fourth Amendment has evolved to address privacy issues stemming from modern technology that could not have been anticipated by the Amendment’s drafters. As part of this evolution, the Supreme Court devised the “private search” doctrine, which upholds the constitutionality of warrantless police searches of items that were previously searched by a private party, so long as the police search does not exceed the scope of the private-party search. However, courts have struggled to …
Forensic Collection Of Electronic Evidence From Infrastructure-As-A-Service Cloud Computing, Josiah Dykstra, Damien Riehl
Forensic Collection Of Electronic Evidence From Infrastructure-As-A-Service Cloud Computing, Josiah Dykstra, Damien Riehl
Richmond Journal of Law & Technology
As cloud computing becomes ubiquitous, the criminal targeting and criminal use of cloud computing is inevitable and imminent. Similarly, the need for civil forensic analyses of cloud computing has become more prevalent. Forensic investigation of cloud computing matters first requires an understanding of the technology and issues associated with the collection of electronically stored information (“ESI”) in the cloud. The misuse of the broad term “cloud computing” has caused some confusion and misinformation among legal and technology scholars, leading to a muddied and incomplete analysis of cloud-based discovery issues. Cases and academic analyses have dealt primarily with popular online services …
Reforming Fourth Amendment Privacy Doctrine, Jim Harper
Reforming Fourth Amendment Privacy Doctrine, Jim Harper
American University Law Review
No abstract provided.
Perfect Enforcement Of Law: When To Limit And When To Use Technology, Christina M. Mulligan
Perfect Enforcement Of Law: When To Limit And When To Use Technology, Christina M. Mulligan
Richmond Journal of Law & Technology
Road safety cameras can photograph your car running red lights. Some bars record information on driver’s licenses to establish that their patrons are old enough to drink. The Recording Industry Association of America (RIAA) uses automated web crawlers to try to find illegal copies of mp3s, and iTunes embeds personal identifying information in the tracks of every song you buy.
Equality, Objectivity, And Neutrality, Alafair S. Burke
Equality, Objectivity, And Neutrality, Alafair S. Burke
Michigan Law Review
When is homicide reasonable? That familiar, yet unanswered question continues to intrigue both courts and criminal law scholars, in large part because any response must first address the question, "reasonable to whom?" The standard story about why that threshold question is both difficult and interesting usually involves a juxtaposition of "objective" and "subjective" standards for judging claims of reasonableness. On the one hand, the story goes, is a "subjective" standard of reasonableness under which jurors evaluate the reasonableness of a criminal defendant's beliefs and actions by comparing them to those of a hypothetical reasonable person sharing all of the individual …
You Know More Than You Think: State V. Townsend, Imputed Knowledge, And Implied Consent Under The Washington Privacy Act, James A. Pautler
You Know More Than You Think: State V. Townsend, Imputed Knowledge, And Implied Consent Under The Washington Privacy Act, James A. Pautler
Seattle University Law Review
Townsend is worth examining for two additional reasons. First, Townsend illustrates the palpable need for the legislature to update the WPA. The underlying problem in Townsend was the application of a statute that was written in the era of rotary telephones to the issues that arise in modem electronic communications. Because of the inherent differences between electronic and traditional media, novel questions invariably arise that cannot be readily answered by resorting to existing doctrines. Finally, the plain language of the current statute has absurd results when applied to the modem infrastructure of the Internet. Part II of this Note discusses …
Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal
Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal
University of Richmond Law Review
There is a well-recognized lack of consistency and clarity in fourth amendment decisions. At times, each search and seizure case seenis unique and the decisions appear to rest on factual determinations rather than on legal principles. Nonetheless, it is desirable to have some understanding of the basic principles of the fourth amendment, and the way in which these principles affect individual cases.
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
University of Richmond Law Review
In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …
Criminal Procedure And Criminal Law: Virginia Supreme Court Decisions During The 70'S, Michael J. Barbour, Thomas E. Carr, Sarah H. Finley, Jeannie L. Pilant
Criminal Procedure And Criminal Law: Virginia Supreme Court Decisions During The 70'S, Michael J. Barbour, Thomas E. Carr, Sarah H. Finley, Jeannie L. Pilant
University of Richmond Law Review
The purpose of this note is to examine the decisions of the Virginia Supreme Court during the period between 1970-1980 in the area of criminal procedure and substantive criminal law. Legislative changes will not be dealt with in depth except as they have affected these decisions. Because of space constraints, a complete review of all areas is impossible; therefore, review has been limited to those issues most likely to be of interest to the practicing attorney. The discussion will also attempt to establish the position of the Virginia Supreme Court on these matters in relation to the United States Supreme …
The New Warrant Requirements: Payton V. New York And Wallace V. King, Robert B. Lloyd Jr.
The New Warrant Requirements: Payton V. New York And Wallace V. King, Robert B. Lloyd Jr.
University of Richmond Law Review
Since the original Bill of Rights was drafted, the diverse warrant requirements necessary for reasonable searches and seizures under the fourth amendment have led to chaos and confusion. A dichotomy has existed between the requirements necessary for the search and seizure of property and those necessary for the search and seizure of persons. Generally, a warrant has been required when the object of the search and seizure was property while no warrant has been necessary for the seizure of an individual. The Supreme Court decision in Payton v. New York has erased much of this distinction, holding that the fourth …
Use Of Drug Detecting Dogs In Public High Schools, Anthony P. Gillman
Use Of Drug Detecting Dogs In Public High Schools, Anthony P. Gillman
Indiana Law Journal
No abstract provided.