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Full-Text Articles in Law
You Can’T Teach Old Katz New Tricks: It’S Time To Revitalize The Fourth Amendment, Jeremy Connell
You Can’T Teach Old Katz New Tricks: It’S Time To Revitalize The Fourth Amendment, Jeremy Connell
University of Miami Law Review
For over half a century, the Court’s decision in Katz v. United States has been the lodestar for applying the Fourth Amendment. The Katz test has produced a litany of confusing and irreconcilable decisions in which the Court has carved exceptions into the doctrine and then carved exceptions into the exceptions. These decisions often leave lower courts with minimal guidance on how to apply the framework to new sets of facts and leave legal scholars and commenters befuddled and frustrated with the Court’s explanations for the rulings. The Court’s decision in Carpenter v. United States represents the apex of Katz’s …
Aerial Trespass And The Fourth Amendment, Randall F. Khalil
Aerial Trespass And The Fourth Amendment, Randall F. Khalil
Michigan Law Review
Since 1973, courts have analyzed aerial surveillance under the Fourth Amendment by applying the test from Katz v. United States, which states that a search triggers the Fourth Amendment when a government actor violates a person’s “reasonable expectation of privacy.” The Supreme Court applied Katz to aerial surveillance three times throughout the 1980s, yet this area of the law remains unsettled and outcomes are unpredictable. In 2012, the Supreme Court recognized an alternative to the Katz test in Jones v. United States, which held that a search triggers the Fourth Amendment when a government actor physically intrudes into …
The Fourth Amendment In A Digital Age: Defining Boundaries In Law Enforcement Surveillance Of The Home, Josh Hoffman, Jared Xia
The Fourth Amendment In A Digital Age: Defining Boundaries In Law Enforcement Surveillance Of The Home, Josh Hoffman, Jared Xia
Brigham Young University Prelaw Review
As our country enters a new digital age, emerging technologies have increased the ability of law enforcement to monitor American citizens more closely. The tracking of suspects through thermal imaging, video monitoring, and cell phone GPSs are just a few examples of the unlocked potential now available to investigating authorities. When directed at the home, these technologies allow for unprecedented encroachment of our most intimate sphere of daily life. With this accelerating prevalence of technology in surveillance practices comes the need to reassess what boundaries the Fourth Amendment defines for our privacy. This paper explores the application of the Reasonable …