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Fourth Amendment

Notre Dame Law School

2020

Articles 1 - 2 of 2

Full-Text Articles in Law

The Needle And The Damage Done: Mitchell V. Wisconsin'S Sweeping Rule For Warrantless Blood Draws On Unconscious Dui Suspects, Dyllan Taxman May 2020

The Needle And The Damage Done: Mitchell V. Wisconsin'S Sweeping Rule For Warrantless Blood Draws On Unconscious Dui Suspects, Dyllan Taxman

Notre Dame Law Review Reflection

In a normal year, the annual death toll from drunk driving accidents in the United States will roughly equal the total number of victims of the September 11th terrorist attacks and service members killed in the War on Terror combined. And while every state has enacted increasingly progressive laws to prevent and punish driving under the influence (DUI), episodes of drunk driving remain consistent year to year and less than one percent of self-reported drunk drivers are arrested. Drunken and drugged driving is, both in lay terms and legally speaking, a compelling public issue. But the Fourth Amendment of the …


Fisa Section 702: Does Querying Incidentally Collected Information Constitute A Search Under The Fourth Amendment?, Rachel G. Miller Mar 2020

Fisa Section 702: Does Querying Incidentally Collected Information Constitute A Search Under The Fourth Amendment?, Rachel G. Miller

Notre Dame Law Review Reflection

An inherent source of conflict in the United States exists between protecting national security and safeguarding individual civil liberties. Throughout history, Americans have consistently been skeptical and fearful of the government abusing its power by spying on Americans. In an effort to curtail government abuses through surveillance, President Carter and Congress enacted the Foreign Intelligence Surveillance Act of 1978 (FISA). The purpose of FISA was to establish a “statutory procedure authorizing the use of electronic surveillance in the United States for foreign intelligence purposes.” FISA provides the government with the authority to engage in electronic surveillance, targeted at foreign powers …