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University of South Carolina

2012

Fourth Amendment

Articles 1 - 3 of 3

Full-Text Articles in Law

Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Josh Gupta-Kagan Dec 2012

Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Josh Gupta-Kagan

Faculty Publications

The Fourth Amendment “special needs” doctrine distinguishes between searches and seizures that serve the “normal need for law enforcement” and those that serve some other “special need,” excusing non-law enforcement searches and seizures from the warrant and probable cause requirements. The Supreme Court has never justified drawing this bright line exclusively around law enforcement searches and seizures but not those that threaten important non-criminal constitutional rights.

Child protection investigations illustrate the problem: Millions of times each year, state child protection authorities search families’ homes, and seize children for interviews about alleged maltreatment. Only a minority of these investigations involve an …


Eyephones: A Fourth Amendment Inquiry Into Mobile Iris Scanning, Christopher R. Jones Jul 2012

Eyephones: A Fourth Amendment Inquiry Into Mobile Iris Scanning, Christopher R. Jones

South Carolina Law Review

No abstract provided.


South Carolina Women Are Not Preexisting Conditions, Elizabeth A. Hoskins Jul 2012

South Carolina Women Are Not Preexisting Conditions, Elizabeth A. Hoskins

South Carolina Law Review

No abstract provided.