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Full-Text Articles in Law
United States V. Pineda-Moreno, Tracking Down Individuals' Reasonable Expectation Of Privacy In The Information Age, Caitlin Emmett
United States V. Pineda-Moreno, Tracking Down Individuals' Reasonable Expectation Of Privacy In The Information Age, Caitlin Emmett
Golden Gate University Law Review
In Pineda-Moreno, the Ninth Circuit held that prolonged police monitoring of a defendant’s precise location through the use of GPS transmitters did not constitute a search. In so holding, the Ninth Circuit relied on the Supreme Court decision in United States v. Knotts. Knotts held that “[a] person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another.” Prior to the Ninth Circuit’s decision in Pineda-Moreno, most federal appellate courts interpreted Knotts to hold that location tracking outside the home is analogous to physical surveillance and …
The Sex Offender Registration And Notification Act: The Need To Break The Constitutional Mold, Bailey Bifoss
The Sex Offender Registration And Notification Act: The Need To Break The Constitutional Mold, Bailey Bifoss
Golden Gate University Law Review
The Sex Offender Registration and Notification Act (SORNA) is an example of legislation that utilizes the constitutional mold, as it contains a jurisdictional hook that expressly limits its application to activities that affect interstate commerce. SORNA’s jurisdictional hook states that a sex offender is guilty of violating its provisions if, after that offender travels in interstate commerce, he or she fails to register or update a registration as required. This hook provides federal jurisdiction over sex offenders even though SORNA’s purpose is to regulate criminal conduct and thus traditionally within the states’ power to regulate. SORNA, therefore, exemplifies the way …