Law Commons^™

Thank You All The Same, But I’D Rather Not Be Seized Today: The Constitutionality Of Ruse Checkpoints Under The Fourth Amendment, Nadia B. Soree

Buffalo Law Review

No abstract provided.

Aclu V. Clapper: The Fourth Amendment In The Digital Age, Erin E. Connare

Buffalo 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.

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.

Rights Of Passage: On Doors, Technology, And The Fourth Amendment, Irus Braverman

Journal Articles

The importance of the door for human civilization cannot be overstated. In various cultures, the door has been a central technology for negotiating the distinction between inside and outside, private and public, and profane and sacred. By tracing the material and symbolic significance of the door in American Fourth Amendment case law, this article illuminates the vitality of matter for law’s everyday practices. In particular, it highlights how various door configurations affect the level of constitutional protections granted to those situated on the inside of the door and the important role of vision for establishing legal expectations of privacy. Eventually, …

Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller

Journal Articles

Part I is a brief history of Search and Seizure law, focusing on seismic doctrinal shifts that occurred from the 1950s to the present. As a framework for the important cases, the Founders’ concerns about abuse of governmental authority are discussed, as well as the rights protected by the Fourth Amendment. Various governmental programs will also be presented, such as the War on Drugs and its call for a large-scale federal anti-drug policy, first initiated by President Richard Nixon in 1969. Part II is a description of the central reasoning presented in Florence v. Board of Chosen Freeholders, including the …

Passing The Sniff Test: Police Dogs As Surveillance Technology, Irus Braverman

Journal Articles

In October 2012, the Supreme Court of the United States will review the case of Florida v. Jardines, which revolves around the constitutionality of police canine Franky’s sniff outside a private residence. Essentially, the Court will need to decide whether or not the sniff constitutes a “search” for Fourth Amendment purposes. This Article presents a review of the often-contradictory case law that exists on this question to suggest that underlying the various cases is the Courts’ assumption of a juxtaposed relationship between nature and technology. Where dog sniffs are perceived as a technology, the courts have been inclined to also …

National Security, Policing, And The Fourth Amendment: A New Perspective On Hiibel, Evan N. Turgeon

Buffalo Public Interest Law Journal

No abstract provided.

Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller

Journal Articles

The power of privacy is diminishing in the prison setting, and yet privacy is the legal theory prisoners rely upon most to resist searches by correctional officers. Incarcerated women in particular rely upon privacy to shield them from the kind of physical contact that male guards have been known to abuse. The kind of privacy that protects prisoners from searches by guards of the opposite sex derives from several sources, depending on the factual circumstances. Although some form of bodily privacy is embodied in the First, Fourth, Eighth, and Fourteenth Amendments, prisoners challenging the constitutionality of cross-gender searches most commonly …

Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller

Journal Articles

In prison, surveillance is power and power is sexualized. Sex and surveillance, therefore, are profoundly linked. Whereas numerous penal scholars from Bentham to Foucault have theorized the force inherent in the visual monitoring of prisoners, the sexualization of power and the relationship between sex and surveillance is more academically obscure. This article criticizes the failure of federal courts to consider the strong and complex relationship between sex and surveillance in analyzing the constitutionality of prison searches, specifically, cross-gender searches.

The analysis proceeds in four parts. Part One introduces the issues posed by sex and surveillance. Part Two describes the sexually …

From The Editors: An Unpardonable Pardon, David R. Milliken

In the Public Interest

No abstract provided.

The Constitutionality Of The Anti-Hijacking Security System, Abraham Abramovsky

Buffalo Law Review

No abstract provided.

Criminal Law—New York “Stop And Frisk” Statute Held Constitutional In The Absence Of Probable Cause For Arrest, Harvey M. Pullman

Buffalo Law Review

People v. Taggart, 20 N.Y.2d 335, 229 N.E.2d 581, 283 N.Y.S.2d 1 (1967).

Family Law—Application Of The Rules Against Search And Seizure To Juvenile Delinquency Proceedings, Alan Eber

Buffalo Law Review

Matter of Williams, 49 Misc. 2d 154, 267 N.Y.S.2d 91 (Ulster County Family Ct. 1966).

Criminal Procedure—Inclusion Of Briefcase In "Frisk" Does Not Create A Constitutionally Protected Search, David Brown

Buffalo Law Review

People v. Pugach, 15 N.Y.2d 65, 204 N.E.2d 176, 255 N.Y.S.2d 833 (1964).