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Form Over Substance? Qualified Immunity In Groh V. Ramirez, Lenard F. Harrelson Jr.
Form Over Substance? Qualified Immunity In Groh V. Ramirez, Lenard F. Harrelson Jr.
Mercer Law Review
In Groh v. Ramirez, the United States Supreme Court held in a 5-4 decision that a search warrant may be so facially defective that the executing officers cannot reasonably presume it to be valid. The Court reasoned that the warrant deficiency in this case, revolving around the particularity requirement, flows directly from the text of the Fourth Amendment, and thus, no reasonable officer could believe a warrant that obviously did not comply with this standard was valid. The Court proceeded to deny the executing officer qualified immunity by holding that reliance upon this facially defective warrant was objectively unreasonable. …
To Serve And Protect: Thornton V. United States And The Newly Anemic Fourth Amendment, Jason Lewis
To Serve And Protect: Thornton V. United States And The Newly Anemic Fourth Amendment, Jason Lewis
Mercer Law Review
In Thornton v. United States, the United States Supreme Court further weakened the protection afforded by the Fourth Amendment by holding that an officer may search the passenger compartment of a vehicle incident to arrest even when the suspect is first approached after exiting the vehicle. Under the guise of providing protection to police officers, this decision greatly expands the power of an arresting officer to search the private property of the arrestee and creates uncertainty on what constitutional limits apply to searches incident to arrest outside the home.
Nothing New Under The Sun? A Technologically Rational Doctrine Of Fourth Amendment Search, Stephen E. Henderson
Nothing New Under The Sun? A Technologically Rational Doctrine Of Fourth Amendment Search, Stephen E. Henderson
Mercer Law Review
In late 2002 the Pentagon's Defense Advanced Research Projects Agency ("DARPA") launched an ill-named, if not entirely ill-advised, data-mining initiative as part of its response to the terrorist attacks of September 11, 2001. Under the direction of Vice Admiral John M. Poindexter, infamous for his role in Iran-Contra, DARPA dubbed the program "Total Information Awareness" ("TIA). The goal was to amalgamate a mammoth database of existing commercial and governmental information, from Internet mail and calling records to banking transactions and travel documents, which would be analyzed by a to-be developed computer system capable of spotting suspicious behavior