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Full-Text Articles in Law
Bending Broken Rules: The Fourth Amendment Implications Of Full-Body Scanners In Preflight Screening, M. Madison Taylor
Bending Broken Rules: The Fourth Amendment Implications Of Full-Body Scanners In Preflight Screening, M. Madison Taylor
Richmond Journal of Law & Technology
In the face of emerging technology, the Fourth Amendment’s guarantee of protection against unreasonable searches and seizures is especially susceptible to erosion. As Justice Scalia wrote in Kyllo v. United States, “[i]t would be foolish to contend that the degree of privacy secured to citizens by the Fourth Amendment has been entirely unaffected by the advance of technology.” In Katz v. United States, technology compelled a dramatic shift in the Supreme Court’s interpretation of the Fourth Amendment. Prior to Katz, the Court generally interpreted the Fourth Amendment to prevent only the search and seizure of tangible things, and looked to …
Double-Trouble: The Underregulation Of Surreptitious Video Surveillance In Conjunction With The Use Of Snitches In Domestic Government Investigations, Mona R. Shokrai
Double-Trouble: The Underregulation Of Surreptitious Video Surveillance In Conjunction With The Use Of Snitches In Domestic Government Investigations, Mona R. Shokrai
Richmond Journal of Law & Technology
Technological advancements in digital imagery and visual recordings have all but vitiated any expectation of privacy in public places. Yet this Orwellian state of constant governmental surveillance has extended beyond the scope of public observation. Closely-held expectations of privacy in the most intimate locations have also become subject to government observation. The means by which the government is able to garner such detailed information concerning the minutiae of our private lives is in need of assessment.
Fbi Internet Surveillance: The Need For A Natural Rights Application Of The Fourth Amendment To Insure Internet Privacy, Catherine M. Barrett
Fbi Internet Surveillance: The Need For A Natural Rights Application Of The Fourth Amendment To Insure Internet Privacy, Catherine M. Barrett
Richmond Journal of Law & Technology
Last year, the Federal Bureau of Investigation (“FBI”) acknowledged that it used an Internet electronic surveillance system called Carnivore to investigate and prosecute criminal suspects in more than two dozen cases. Carnivore is a software program developed by the FBI that can be installed on the network of an Internet Service Provider (“ISP”), such as America Online, to monitor, intercept and collect e-mail messages and other Internet activity made and received by individuals suspected of criminal activity. To date, the full capability of Carnivore remains a secret—the FBI refuses to disclose the source code (computer language) that would reveal how …
Liberty From Officials By Grace: The Fourth Amendment's Application To Automobile Passengers In Maryland V. Wilson, Michael Begland
Liberty From Officials By Grace: The Fourth Amendment's Application To Automobile Passengers In Maryland V. Wilson, Michael Begland
University of Richmond Law Review
On February 19, 1997, the United States Supreme Court handed down its decision in Maryland v. Wilson, and put an end to twenty years of speculation regarding a police officer's authority to order a passenger out of a lawfully stopped automobile. In finding that such an order does not violate a passenger's Fourth Amendment privacy interests, the Supreme Court reversed Maryland's Court of Special Appeals and sided with the majority of states that have considered this narrow issue. The Court's decision provides important insight into the current state of Fourth Amendment jurisprudence and the Supreme Court's increasing willingness to sacrifice …