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Articles 1 - 4 of 4
Full-Text Articles in Law
The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache
The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache
Articles in Law Reviews & Other Academic Journals
This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges.Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether it …
Warrantless Location Tracking, Ian Samuel
Warrantless Location Tracking, Ian Samuel
Articles by Maurer Faculty
The ubiquity of cell phones has transformed police investigations. Tracking a suspect's movements by following her phone is now a common but largely unnoticed surveillance technique. It is useful, no doubt, precisely because it is so revealing; it also raises significant privacy concerns. In this Note, I consider what the procedural requirements for cell phone tracking should be by examining the relevant statutory and constitutional law. Ultimately, the best standard is probable cause; only an ordinary warrant can satisfy the text of the statutes and the mandates of the Constitution.
Fourth Amendment Protection For Stored E-Mail, Susan Freiwald, Patricia L. Bellia
Fourth Amendment Protection For Stored E-Mail, Susan Freiwald, Patricia L. Bellia
Susan Freiwald
The question of whether and how the Fourth Amendment regulates government access to stored e-mail remains open and pressing. A panel of the Sixth Circuit recently held in Warshak v. United States, 490 F.3d 455 (6th Cir. 2007), that users generally retain a reasonable expectation of privacy in the e-mails they store with their Internet Service Providers (ISPs), which implies that government agents must generally acquire a warrant before they may compel ISPs to disclose their users' stored e-mails. The Sixth Circuit, however, is reconsidering the case en banc. This Article examines the nature of stored e-mail surveillance and argues …
Electronic Surveillance At The Virtual Border, Susan Freiwald
Electronic Surveillance At The Virtual Border, Susan Freiwald
Susan Freiwald
A virtual border divides people into two groups: those subject to the Fourth Amendment’s protections when the U.S. government conducts surveillance of their communications and those who are not. The distinction derives from a separation in powers: inside the virtual border, U.S. citizens and others enjoy the extensive oversight of the judiciary of executive branch surveillance. Judges review such surveillance before, during, and after it transpires. Foreign persons subject to surveillance in foreign countries fall within the executive branch’s’ foreign affairs function. However, the virtual border does not exactly match the physical border of the United States. Some people inside …