Law Commons^™

Appellate Division, First Department, People V. Celaj, Danielle Dupré

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, People V. Johnson, Denise Shanley

Touro Law Review

No abstract provided.

False Arrest, Malicious Prosecution, And Abuse Of Process In § 1983 Litigation, John Williams

Touro Law Review

No abstract provided.

A Critique Of The Second Circuit’S Analysis In Nicholas V. Goord, John Dorsett Niles

University of Massachusetts Law Review

The Case Note proceeds as follows. Part I traces the historical and procedural facts underlying Nicholas. Part II describes the legal backdrop against which the United States Court of Appeals for the Second Circuit decided the case. Part III steps through the Second Circuit’s majority opinion, and Part IV critiques the opinion. Part V concludes the Case Note by discussing the ramifications of Nicholas for future DNA-indexing cases.

Qualified Immunity In The Fourth Amendment: A Practical Application Of 1983 As It Applies To Fourth Amendment Excessive Force Cases, Karen Blum

Touro Law Review

No abstract provided.

Rediscovering Trespass: Towards A Regulatory Approach To Defining Fourth Amendment Scope In A World Of Advancing Technology, Martin R. Gardner

Buffalo Law Review

No abstract provided.

Stopping Police In Their Tracks: Protecting Cellular Location Information Privacy In The Twenty-First Century, Stephen Wagner

Duke Law & Technology Review

Only a small fraction of law enforcement agencies in the United States obtain a warrant before tracking the cell phones of suspects and persons of interest. This is due, in part, to the fact that courts have struggled to keep pace with a changing technological landscape. Indeed, courts around the country have issued a disparate array of holdings on the issue of warrantless cell phone tracking. This lack of judicial uniformity has led to confusion for both law enforcement agencies and the public alike. In order to protect reasonable expectations of privacy in the twenty-first century, Congress should pass legislation …

County Court, Westchester County, People V. Gant, Albert V. Messina Jr.

Touro Law Review

No abstract provided.

Supreme Court, Bronx County, People V. Barnville, David Schoenhaar

Touro Law Review

No abstract provided.

Justification For Police Intrusions, Corey Rashkover

Touro Law Review

No abstract provided.

Interpreting Search Incident To Arrest In New York: Past, Present, And Future, Jacqueline Iaquinta

Touro Law Review

No abstract provided.

Search And Seizures: Constitutionally Protected Or Discretionary Police Work?, Jaren Fernan

Touro Law Review

No abstract provided.

Seize First, Search Later: The Hunt For Digital Evidence, Paige Bartholomew

Touro Law Review

No abstract provided.

Swearing By New Technology: Strengthening The Fourth Amendment By Utilizing Modern Warrant Technology While Satisfying The Oath Or Affirmation Clause, Andrew H. Bean

BYU Law Review

No abstract provided.

Redefining The Right To Be Let Alone: Privacy Rights And The Constitutionality Of Technical Surveillance Measures In Germany And The United States, Nicole Jacoby

Georgia Journal of International & Comparative Law

No abstract provided.

The Fourth Amendment In Schools: An Ambiguous Precedent And The Role Of Gender In Determining Reasonableness, Maria M. Lewis

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger

West Virginia Law Review

No abstract provided.

The Framers' Fourth Amendment Exclusionary Rule: The Mounting Evidence, Roger Roots

Nevada Law Journal

No abstract provided.

Putting The Brakes On Driver Privacy: Black Boxes, Data Collection, And The Fourth Amendment, Thayer Case

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Keep Your Facebook Friends Close And Your Process Server Closer: The Expansion Of Social Media Service Of Process To Cases Involving Domestic Defendants, Alyssa L. Eisenberg

San Diego Law Review

This Comment addresses why service by social media better meets the constitutional standard for service of process than publication and advocates change at the state level, including suggesting arguments attorneys can use to persuade courts to allow them to serve defendants over social media. Part II of this Comment discusses the constitutional and statutory evolution of service of process beginning with traditional personal service, moving on to service by publication, and ending with electronic service of process. Part III explores recent cases in which courts have authorized and denied social media service for serving both parties abroad and parties in …

Spying On Americans: At What Point Does The Nsa's Collection And Searching Of Metadata Violate The Fourth Amendment?, Elizabeth Atkins

Washington Journal of Law, Technology & Arts

Edward Snowden became a household name on June 5, 2013, when he leaked highly classified documents revealing that the American Government was spying on its citizens. The information exposed that the National Security Agency (NSA) collected millions of American’s metadata through forced cooperation with telephone-service providers. Metadata contains sensitive and private information about a person’s life. When collected and searched, metadata can reveal a portrait of a person’s intimate activities amounting to a violation of one’s reasonable expectation of privacy. This Article suggests changing the current standard allowing the NSA to collect and search metadata under Section 215 of the …

Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman

Touro Law Review

No abstract provided.

A Cloudy Forecast: Divergence In The Cloud Computing Laws Of The United States, European Union, And China, Tina Cheng

Georgia Journal of International & Comparative Law

No abstract provided.

53rd Henry J. Miller Distinguished Lecture Series, The Hon. Justice John Paul Stevens

Georgia State University Law Review

Remarks by the Honorable John Paul Stevens, Retired Associate Justice of the Supreme Court of the United States, at the 53rd Henry J. Miller Distinguished Lecture Series.

The Conversational Consent Search: How “Quick Look” And Other Similar Searches Have Eroded Our Constitutional Rights, Alexander A. Mikhalevsky

Georgia State University Law Review

One area in which law enforcement agencies have stretched constitutional limits concerns the scope of a suspect’s consent to search his or her vehicle. Police forces across the country have tested the limits of consent by asking vague, conversational questions to suspects with the goal of obtaining a suspect’s consent to search, even though that individual may not want to allow the search or may not know that he or she has the right to deny consent.

Conversational phrases like “Can I take a quick look?” or “Can I take a quick look around?” have “emerg[ed] as . . . …

The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf

Touro Law Review

This article examines the constitutional status of suspicionless searches and seizures of groups- an exceedingly important question in the age of terror, and a subject recently brought back to the forefront by the searches of subway passengers in New York City. It draws on process theory to argue that when a legislature has authorized a group search or seizure, courts should generally apply rational basis review.

First, other areas of constitutional doctrine exhibit deep trust in the power of groups to protect their interests in political process, and there is no reason why fourth amendment doctrine should not do the …

Supreme Court, New York County, People V. Smith, Jessica Miller

Touro Law Review

No abstract provided.

Appellate Division, Fourth Department, People V. Hall, Eric Pack

Touro Law Review

No abstract provided.

Appellate Division, First Department, Koeiman V. New York, Gennaro Savastano

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, People V. Burton, Diane Matero

Touro Law Review

No abstract provided.