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Fourth Amendment

Selected Works

Adam M. Gershowitz

Searches and Seizures

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Articles 1 - 8 of 8

Full-Text Articles in Law

The Iphone Meets The Fourth Amendment, Adam M. Gershowitz Sep 2019

The Iphone Meets The Fourth Amendment, Adam M. Gershowitz

Adam M. Gershowitz

Under the search incident to arrest doctrine, police may search the entire body and immediate grabbing space of an arrestee, including the contents of all containers, without any probable cause. Because almost all traffic infractions are arrestable offenses, police have enormous opportunity to conduct such searches incident to arrest. In the near future, these already high-stakes searches will become even more important because millions of drivers will not only possess containers that hold a few scattered papers, such as wallets or briefcases, but also iPhones—capable of holding tens of thousands of pages of personal information. If current Fourth Amendment jurisprudence …


Why Arizona V. Gant Is The Wrong Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz Sep 2019

Why Arizona V. Gant Is The Wrong Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz

Adam M. Gershowitz

No abstract provided.


Wina Morning News With Rick And Jane: Interview With Adam Gershowitz, Rick Daniels, Jane Foy, Adam M. Gershowitz Sep 2019

Wina Morning News With Rick And Jane: Interview With Adam Gershowitz, Rick Daniels, Jane Foy, Adam M. Gershowitz

Adam M. Gershowitz

No abstract provided.


Searching Cell Phones Incident To Arrest: Can Courts And Legislatures Impose Limits On A Bright Line Rule?, Adam M. Gershowitz Sep 2019

Searching Cell Phones Incident To Arrest: Can Courts And Legislatures Impose Limits On A Bright Line Rule?, Adam M. Gershowitz

Adam M. Gershowitz

No abstract provided.


Seizing A Cell Phone Incident To Arrest: Data Extraction Devices, Faraday Bags, Or Aluminum Foil As A Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz Sep 2019

Seizing A Cell Phone Incident To Arrest: Data Extraction Devices, Faraday Bags, Or Aluminum Foil As A Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz

Adam M. Gershowitz

No abstract provided.


Symposium: Surprising Unanimity, Even More Surprising Clarity, Adam M. Gershowitz Sep 2019

Symposium: Surprising Unanimity, Even More Surprising Clarity, Adam M. Gershowitz

Adam M. Gershowitz

No abstract provided.


David Leon Riley V. State Of California And United States Of America V. Brima Wurie: Brief Of Amici Curiae Criminal Law Professors In Support Of Petitioner Riley And Respondent Wurie, Adam M. Gershowitz, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan Sep 2019

David Leon Riley V. State Of California And United States Of America V. Brima Wurie: Brief Of Amici Curiae Criminal Law Professors In Support Of Petitioner Riley And Respondent Wurie, Adam M. Gershowitz, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan

Adam M. Gershowitz

No abstract provided.


Court Issues Sweeping Digital Privacy Ruling In Mass. Cell Phone Case, Anthony Brooks, Meghna Chakrabarti, Matthew Segal, Adam M. Gershowitz Sep 2019

Court Issues Sweeping Digital Privacy Ruling In Mass. Cell Phone Case, Anthony Brooks, Meghna Chakrabarti, Matthew Segal, Adam M. Gershowitz

Adam M. Gershowitz

No abstract provided.