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Articles 1 - 6 of 6
Full-Text Articles in Law
Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb
Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman
Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman
Pace Law Review
Part I of this Article discusses the facts in People v. Weaver, the majority and dissenting opinions in the Appellate Division, Third Department decision, and the majority and dissenting opinions in the Court of Appeals decision. Part II addresses the question that has yet to be decided by the U.S. Supreme Court—whether GPS tracking of a vehicle by law enforcement constitutes a search under the Fourth Amendment. Part III addresses the separate question that the Court of Appeals did not address in Weaver—whether the surreptitious attachment of a GPS device to a vehicle constitutes a seizure under the Fourth Amendment. …
Mapp V. Ohio Revisited: A Law Clerk's Diary, Polly J. Price
Mapp V. Ohio Revisited: A Law Clerk's Diary, Polly J. Price
Faculty Articles
The 1960 Supreme Court Term laid the groundwork for the subsequent revolution in the relationship between state and federal law accomplished by the Supreme Court under Chief Justice Earl Warren. The "most famous search and seizure case in American history" - Mapp v. Ohio - would be decided that Term. Mapp held that the Fourth Amendment's protection against "unreasonable searches and seizures" required the exclusion of evidence found through an illegal search by state and local police officers, extending to the states a rule that had previously applied only to federal law enforcement. Mapp became a pivotal chapter in the …
The Case For Stewart Over Harlan On 24/7 Physical Surveillance, Afsheen John Radsan
The Case For Stewart Over Harlan On 24/7 Physical Surveillance, Afsheen John Radsan
Faculty Scholarship
This Article explains why the government’s physical surveillance can reach a point in terms of duration and intensity that it becomes a “search” under the Fourth Amendment. As references, Katz v. United States and Kyllo v. United States stand out from the canon. Katz, decided in 1967, swept away a prior emphasis on property rights and trespass laws to hold that the electronic monitoring of a phone booth was a search. Since then, the two-part test from Justice Harlan’s concurring opinion has received as much attention as the totality-of-the-circumstances test in Justice Stewart’s majority opinion. Kyllo, decided just months before …
Government Dragnets, Christopher Slobogin
Government Dragnets, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article examines group-focused police investigation techniques - for instance, roadblocks, drug testing programs, area or industry-wide health and safety inspections, data mining, and camera surveillance - a phenomenon referred to as "government dragnets" because these general searches and seizures attempt to cull out bad actors through ensnaring a much larger number of individuals who are innocent of any wrongdoing. The courts have imposed few limitations on dragnets. Recent commentary has either advocated an even more laissez-faire attitude toward these group search and seizures or, at the other end of the spectrum, proposed schemes that would make most of them …
Picture This: Body Worn Video Devices ('Head Cams') As Tools For Ensuring Fourth Amendment Compliance By Police, David A. Harris
Picture This: Body Worn Video Devices ('Head Cams') As Tools For Ensuring Fourth Amendment Compliance By Police, David A. Harris
Articles
A new technology has emerged with the potential to increase police compliance with the law and to increase officers’ accountability for their conduct. Called “body worn video” (BWV) or “head cams,” these devices are smaller, lighter versions of the video and audio recording systems mounted on the dash boards of police cars. These systems are small enough that they consist of something the size and shape of a cellular telephone earpiece, and are worn by police officers the same way. Recordings are downloaded directly from the device into a central computer system for storage and indexing, which protects them from …