Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Fourth Amendment

Selected Works

2015

Articles 1 - 19 of 19

Full-Text Articles in Law

A Linguistic Analysis Of The Meanings Of "Search" In The Fourth Amendment: A Search For Common Sense, Clark D. Cunningham Nov 2015

A Linguistic Analysis Of The Meanings Of "Search" In The Fourth Amendment: A Search For Common Sense, Clark D. Cunningham

Clark D. Cunningham

This article offers a new technique for analyzing and evaluating competing interpretations of a legal text and applies that technique to one of the most debated questions of modern constitutional interpretation: the meaning of "searches" in the first clause of the fourth amendment. This Technique is called the "common sense" approach because it begins with a semantic analysis of the text in terms of the sense that the key words have in everyday speech. Such analysis reveals a complex of interlocked concepts that underlies the ability of speakers to recognize meaningful uses of these words. The common sense approach then …

Go to article

Section 1983 Cases In The October 2004 Term, Martin A. Schwartz Oct 2015

Section 1983 Cases In The October 2004 Term, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

Go to article

Dangerous Dicta, David Gray Oct 2015

Dangerous Dicta, David Gray

David C. Gray

In United States v. Heller, the Court held that individuals have a Second Amendment right to keep and bear arms apart from their associations with state militias. Although that holding was and remains controversial, less attention has been paid to what the Heller Court had to say about the Fourth Amendment. Writing for the Court in Heller, Justice Scalia asserts that the phrase “right of the people” in the Fourth Amendment “unambiguously refers to individual rights, not ‘collective’ rights or rights that may only be exercised through participation in some corporate body.” By any definition, this is dicta. It is …

Go to article

Testimony On Oklahoma Civil Asset Forfeiture Reform, Stephen E. Henderson Aug 2015

Testimony On Oklahoma Civil Asset Forfeiture Reform, Stephen E. Henderson

Stephen E Henderson

I am grateful for the opportunity to speak to you today about Senate Bill 838 and the reform of Oklahoma’s civil asset forfeiture. I am a professor of law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure. I have experience achieving consensus solutions in contested areas of law, most notably in the six years I spent drafting a new set of ABA Criminal Justice Standards, and I know that change is rarely easy. No matter the topic and whatever the status quo, there is sure to be someone who feels it is …

Go to article

The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng Aug 2015

The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng

Michael P. Seng

No abstract provided.

Go to article

Critical Look At The So-Called Locker Room Mentality As A Means To Rationalize The Drug Testing Of Student Athletes, Walter Champion Jul 2015

Critical Look At The So-Called Locker Room Mentality As A Means To Rationalize The Drug Testing Of Student Athletes, Walter Champion

Walter T Champion Jr.

No abstract provided.

Go to article

David Felix: Jailed By An Unjust System, Failed By City Services, Killed By Police, Brendan M. Conner Esq., Marissa Ram Esq. Jun 2015

David Felix: Jailed By An Unjust System, Failed By City Services, Killed By Police, Brendan M. Conner Esq., Marissa Ram Esq.

Brendan M. Conner

No one claimed the body of David Felix for 21 days; instead, it lay in state at the Office of the Medical Examiner, the blackened and seared edges of the gunpowder’s stippling forming a dark halo on his ebony skin until his grief-stricken parents arrived from Haiti to identify the body of their oldest son. The “Felix David” described by the police and the New York media – none of whom got his name right – is unrecognizable to those of us who knew David Felix. The 24 year-old polyglot, aspiring fashion student and black immigrant with a love for …

Go to article

Rethinking Miranda: Custodial Interrogation As A Fourth Amendment Search And Seizure, 37 U.C. Davis L. Rev. 1109 (2004), Timothy P. O'Neill May 2015

Rethinking Miranda: Custodial Interrogation As A Fourth Amendment Search And Seizure, 37 U.C. Davis L. Rev. 1109 (2004), Timothy P. O'Neill

Timothy P. O'Neill

No abstract provided.

Go to article

Beyond Privacy, Beyond Probable Cause, Beyond The Fourth Amendment: New Strategies For Fighting Pretext Arrests, 69 U. Colo. L. Rev. 693 (1998), Timothy P. O'Neill May 2015

Beyond Privacy, Beyond Probable Cause, Beyond The Fourth Amendment: New Strategies For Fighting Pretext Arrests, 69 U. Colo. L. Rev. 693 (1998), Timothy P. O'Neill

Timothy P. O'Neill

No abstract provided.

Go to article

Vagrants In Volvos: Ending Pretextual Traffic Stops And Consent Searches Of Vehicles In Illinois, 40 Loy. U. Chi. L.J. 745 (2009), Timothy P. O'Neill May 2015

Vagrants In Volvos: Ending Pretextual Traffic Stops And Consent Searches Of Vehicles In Illinois, 40 Loy. U. Chi. L.J. 745 (2009), Timothy P. O'Neill

Timothy P. O'Neill

No abstract provided.

Go to article

Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor Romero May 2015

Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor Romero

Victor C. Romero

This Note rejects the Court's approach to the Fourth Amendment in Lopez and Verdugo and attempts to redefine the boundaries of Fourth Amendment protections for undocumented immigrants. Part I examines the impact of the Lopez and Verdugo decisions upon undocumented immigrants' Fourth Amendment rights. Part II evaluates the arguments for extending Fourth Amendment protections to undocumented immigrants. Viewing the Fourth Amendment as a restriction on government intrusion, Part III examines the constitutional remedies available to undocumented immigrants. This part rejects the Lopez restrictions on the applicability of the exclusionary rule and concludes that the Fourth Amendment neither draws distinctions among …

Go to article

The Domestic Fourth Amendment Rights Of Undocumented Immigrants: On Guitterez And The Tort Law/Immigration Law Parallel, Victor C. Romero May 2015

The Domestic Fourth Amendment Rights Of Undocumented Immigrants: On Guitterez And The Tort Law/Immigration Law Parallel, Victor C. Romero

Victor C. Romero

This Article is composed of three parts. Part I examines the problems raised by the Gutierrez I regime, including the collapse of the protective constitutional floor of immigrants' rights portended by that decision. Part II contends that the current plenary power approach to immigration and immigrants' rights issues would likely support, rather than dismantle, the Gutierrez I approach to undocumented immigrants' Fourth Amendment rights. Part III provides an alternative to the plenary power regime by drawing a parallel between domestic tort law for premises liability and immigrants' rights law. This part concludes by showing that Rowland and its progeny could …

Go to article

Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague Apr 2015

Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague

Robert Sprague

Predictive analytics use a method known as data mining to identify trends, patterns, or relationships among data, which can then be used to develop a predictive model. Data mining itself relies upon big data, which is “big” not solely because of its size but also because its analytical potential is qualitatively different. “Big data” analysis allows organizations, including government and businesses, to combine diverse digital datasets and then use statistics and other data mining techniques to extract from them both hidden information and surprising correlations. These data are not necessarily tracking transactional records of atomized behavior, such as the purchasing …

Go to article

Social-Network Theory And The Diffusion Of The Search-And-Seizure Exclusionary Rule Among State Courts Between Weeks And Wolf, Laurence A. Benner, Robert Bird, Donald J. Smythe Feb 2015

Social-Network Theory And The Diffusion Of The Search-And-Seizure Exclusionary Rule Among State Courts Between Weeks And Wolf, Laurence A. Benner, Robert Bird, Donald J. Smythe

Laurence A. Benner

No abstract provided.

Go to article

Twelve Angry Hours: Improving Domestic Violence Holds In Tennessee Without Risk Of Violating The Constitution, Daniel A. Horwitz Dec 2014

Twelve Angry Hours: Improving Domestic Violence Holds In Tennessee Without Risk Of Violating The Constitution, Daniel A. Horwitz

Daniel A. Horwitz

Tennessee law currently provides that individuals who have been arrested for certain domestic violence offenses “shall not be released within twelve (12) hours of arrest if the magistrate or other official duly authorized to release the offender finds that the offender is a threat to the alleged victim.” However, Tennessee law also provides for an exception to this “12-hour hold” requirement that permits judges to release domestic violence arrestees before twelve hours have elapsed “if the official determines that sufficient time has or will have elapsed for the victim to be protected.” Following an especially high-profile incident of domestic violence …

Go to article

The First 48: Ending The Use Of Categorically Unconstitutional Investigative Holds In Violation Of County Of Riverside V. Mclaughlin, Daniel A. Horwitz Dec 2014

The First 48: Ending The Use Of Categorically Unconstitutional Investigative Holds In Violation Of County Of Riverside V. Mclaughlin, Daniel A. Horwitz

Daniel A. Horwitz

This Article critiques the holding adopted by a growing number of courts that law enforcement may delay a warrantless arrestee’s constitutional right to receive a judicial determination of probable cause for up to forty-eight hours following an arrest as long as a judge or magistrate ultimately determines that the arrest itself was supported by probable cause. Although this issue has largely escaped review within academic literature, the practice of employing investigative detentions against warrantless arrestees is widespread among law enforcement. Of note, whether such investigative detentions comport with the Fourth Amendment has also generated a circuit split between the Eighth …

Go to article

The Right To A Fair Trial In The Age Of Facebook, Lori Andrews Dec 2014

The Right To A Fair Trial In The Age Of Facebook, Lori Andrews

Lori B. Andrews

No abstract provided.

Go to article

Regulating Drones Under The First And Fourth Amendments, Stephen E. Henderson, Joseph Thai, Marc Jonathan Blitz, James Grimsley Dec 2014

Regulating Drones Under The First And Fourth Amendments, Stephen E. Henderson, Joseph Thai, Marc Jonathan Blitz, James Grimsley

Stephen E Henderson

The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September of this year. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Ultimately, given UAV utility and cost effectiveness over a vast range of tasks, widespread commercial use seems certain. So it is imperative …

Go to article

Digital Peepholes | Remote Activation Of Webcams: Technology, Law And Policy, Lori Andrews Dec 2014

Digital Peepholes | Remote Activation Of Webcams: Technology, Law And Policy, Lori Andrews

Lori B. Andrews

A comprehensive report concerning the many ways that webcams can be used against those who possess them. Digital Peepholes also provides in depth legal analysis of the legality of private companies and the government using people’s webcams to spy on them. A must read for anyone concerned with privacy or anyone with a webcam built in to their devices!

Go to article