Law Commons^™

The Stored Communications Act: Property Law Enforcement Tool Or Instrument Of Oppression?, Raymond Boyce

West Virginia Law Review

No abstract provided.

Out Of The “Serbonian Bog”1 Surrounding Government Acquisition Of Third-Party Cell Site Location Information: “Get A Warrant” †, Glenn Williams

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Sniffing Out The Fourth Amendment: United States V. Place-Dog Sniffs-Ten Years Later, Hope Walker Hall

Maine Law Review

In the endless and seemingly futile government war against drugs, protections afforded by the Fourth Amendment of the United States Constitution may have fallen by the wayside as courts struggle to deal with drug offenders. The compelling government interest in controlling the influx of drugs all too often results in a judicial attitude that the ends justify the means. Judges can be reluctant to exclude evidence of drugs found in an unlawful search pursuant to the exclusionary rule, which provides that illegally obtained evidence may not be used at trial. The exclusion of drugs as evidence in drug cases often …

Fourth Amendment Localism, Wayne A. Logan

Indiana Law Journal

INTRODUCTION - p. 370

I. SUBNATIONAL CONSTITUTIONALISM - p. 376

A. SUBSTANTIVE LAW - p. 377

B. GEOGRAPHY - p. 379

C. RESOURCES - p. 381

II. THE LOCALISTS - p. 382

A. “NEW DEMOCRATISTS” - p. 383

B. “NEW ADMINISTRATIVISTS” - p. 386

C. SUMMARY - p. 389

III. ASSESSING LOCALISM’S LIMITS - p. 391

A. TAILORING - p. 391

B. EXPERIMENTATION - p. 399

C. TIEBOUT SORTING AND EXTERNALITIES - p. 404

IV. WHITHER FOURTH AMENDMENT LOCALISM - p. 408

A. FOURTH AMENDMENT EXCEPTIONALISM - p. 409

1. INDIVIDUAL INTERESTS - p. 409
2. STRUCTURAL DEMOCRATIC INTERESTS - p. 411 …

Whren V. United States: An Abrupt End To The Debate Over Pretextual Stops, Brian J. O'Donnell

Maine Law Review

In Whren v. United States, the United States Supreme Court held that a traffic stop is reasonable under the Fourth Amendment if a police officer has probable cause to believe that a traffic violation has occurred, even if the stop is a pretext for the investigation of a more serious offense. The Court affirmed the convictions of Michael A. Whren and James L. Brown, who had been arrested on federal drug charges after Washington, D.C., police stopped Brown for minor traffic infractions. The Court's unanimous opinion, delivered by Justice Scalia, brought an end to a long-running debate over the proper …

Standing Under State Search And Seizure Provision: Why The Minnesota Supreme Court Should Have Rejected The Federal Standards And Instead Invoked Greater Protection Under Its Own Constitution In State V. Carter, Rebecca C. Garrett

Maine Law Review

In State v. Carter, the Minnesota Supreme Court considered whether a criminal defendant had “standing” to challenge an alleged search under the Fourth Amendment and Article 1, Section 10 of the Minnesota Constitution. The defendant moved to suppress evidence obtained by a police officer who had peered in the window of an apartment where the defendant was participating in a drug-packaging operation with the apartment's leaseholder. A divided court held that the defendant had a legitimate expectation of privacy in the apartment. Therefore, the defendant had standing to challenge the legality of the police officer's observations pursuant to the Fourth …

Privacy Vs. Protection: Why Tracking Mobile-Device Location Data Without A Warrant Requires A Fourth Amendment Exception, Andrew Stover

Catholic University Journal of Law and Technology

No abstract provided.

Exigent Circumstances And Searches Incident To Arrest In New York: The Difficulties And Distinctions, Kyle Knox

Touro Law Review

No abstract provided.

“You’Re Not Gonna Reach My Telephone”— The Resurgence Of The Fourth Amendment’S Particularity Requirement, Tammie Beassie Banko

SMU Law Review

No abstract provided.

Martin Luther King Jr. And Pretext Stops (And Arrests): Reflections On How Far We Have Not Come Fifty Years Later, Tracey Maclin, Maria Savarese

UF Law Faculty Publications

By January, 1956, the Montgomery Bus boycott was in full-swing. Black citizens in Montgomery, Alabama were refusing to ride the city’s private buses to protest racially segregated seating. On the afternoon of January 26, 1956, twenty-seven-year-old Martin Luther King, Jr. had finished his day of work at the Dexter Avenue Baptist Church in Montgomery. On his drive home, King stopped his vehicle to offer a ride to a group of bus boycotters standing at a downtown car-pool location. After the boycotters entered King’s car, two motorcycle policemen pulled-in behind King’s vehicle. While everyone in King’s car tried to remain calm, …

Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson

Stephen E Henderson