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Full-Text Articles in Law
The Impact Of Smith V. Maryland On The Law Of Pen Registers, Mark Bialek
The Impact Of Smith V. Maryland On The Law Of Pen Registers, Mark Bialek
Antioch Law Journal
In Smith v. Maryland,' the Supreme Court was presented with the question of whether the installation and use of a pen register2 constitutes a "search" under the fourth amendment.3 The pen register is a device which can be used to determine the telephone numbers dialed from a phone under investigation or the number of rings on calls coming into the phone. The question was raised by petitioner Michael Lee Smith, who was convicted of robbery, at least in part, based on evidence obtained from the installation and use of a pen register.4 Smith claimed that the use of a pen …
Capacity To Contest A Search And Seizure: The Passing Of Old Rules And Some Suggestions For New Ones, Christopher Slobogin
Capacity To Contest A Search And Seizure: The Passing Of Old Rules And Some Suggestions For New Ones, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Professor Slobogin examines recent Supreme Court decisions involving standing to challenge search and seizure violations, and argues that the Court's commitment to a "totality of the circumstances" approach has permitted erosion of fourth amendment protections. After concluding that these decisions provide little guidance to lower courts, Professor Slobogin offers a set of principles which will aid in analyzing the Court's direction.