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Katz v. United States

Discipline
Institution
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Articles 31 - 58 of 58

Full-Text Articles in Law

A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb Mar 2004

A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb

Michigan Law Review

Imagine for a moment that it is the year 2020. An American company has developed a mind-reading device, called the "brain wave recorder" ("BWR"). The BWR is a highly sensitive instrument that detects electrical impulses from any brain within ten feet of the machine. Though previously thought impossible, the BWR can discern the following information about the target individual: (1) whether he or she is happy, sad, anxious, depressed, or irritable; (2) whether he or she is even slightly sexually aroused; (3) whether he or she is taking any medication (and if so, what the medication is); (4) if a …


The Fourth Amendment And New Technologies: Constitutional Myths And The Case For Caution, Orin S. Kerr Mar 2004

The Fourth Amendment And New Technologies: Constitutional Myths And The Case For Caution, Orin S. Kerr

Michigan Law Review

To one who values federalism, federal preemption of state law may significantly threaten the autonomy and core regulatory authority of The Supreme Court recently considered whether a1mmg an infrared thermal imaging device at a suspect's home can violate the Fourth Amendment. Kyllo v. United States announced a new and comprehensive rule: the government's warrantless use of senseenhancing technology that is "not in general use" violates the Fourth Amendment when it yields "details of the home that would previously have been unknowable without physical intrusion." Justice Scalia's majority opinion acknowledged that the Court's rule was not needed to resolve the case …


Katz Is Dead. Long Live Katz, Peter P. Swire Mar 2004

Katz Is Dead. Long Live Katz, Peter P. Swire

Michigan Law Review

Katz v. United States is the king of Supreme Court surveillance cases. Written in 1967, it struck down the earlier regime of property rules, declaring that "the Fourth Amendment protects people, not places." The concurrence by Justice Harlan announced the new regime - court-issued warrants are required where there is an infringement on a person's "reasonable expectation of privacy." Together with the companion case Berger v. New York, Katz has stood for a grand conception of the Fourth Amendment as a bulwark against wiretaps and other emerging forms of surveillance. Professor Orin Kerr, in his excellent article, shows that …


Brief Of Amici Curiae — United States Senate Committee On Commerce, Science, And Transportation Jan 2004

Brief Of Amici Curiae — United States Senate Committee On Commerce, Science, And Transportation

Richmond Journal of Law & Technology

This Amicus Curiae Brief is respectfully filed by the undersigned members of the United States Senate Committee on Commerce, Science, and Transportation (“Committee”). Acting in our capacity on behalf of the United States government, we may file this Brief pursuant to Fed. R. App. P. 29(a). The Committee exercises oversight responsibility for both the Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”). With the respect owed to a co-equal branch of government, we file this Brief to share with the Court our strongly-held views regarding the constitutional law issues in contest in this appeal and the vital public …


You Know More Than You Think: State V. Townsend, Imputed Knowledge, And Implied Consent Under The Washington Privacy Act, James A. Pautler Jan 2004

You Know More Than You Think: State V. Townsend, Imputed Knowledge, And Implied Consent Under The Washington Privacy Act, James A. Pautler

Seattle University Law Review

Townsend is worth examining for two additional reasons. First, Townsend illustrates the palpable need for the legislature to update the WPA. The underlying problem in Townsend was the application of a statute that was written in the era of rotary telephones to the issues that arise in modem electronic communications. Because of the inherent differences between electronic and traditional media, novel questions invariably arise that cannot be readily answered by resorting to existing doctrines. Finally, the plain language of the current statute has absurd results when applied to the modem infrastructure of the Internet. Part II of this Note discusses …


The Fourth Amendment In The Hallway: Do Tenants Have A Constitutionally Protected Privacy Interest In The Locked Common Areas Of Their Apartment Buildings?, Sean M. Lewis Oct 2002

The Fourth Amendment In The Hallway: Do Tenants Have A Constitutionally Protected Privacy Interest In The Locked Common Areas Of Their Apartment Buildings?, Sean M. Lewis

Michigan Law Review

One afternoon, a police officer spots a man driving a Cadillac through a run·down neighborhood. His interest piqued, the officer decides to follow the vehicle. The Cadillac soon comes to rest in front of an apartment building, and the driver, Jimmy Barrios-Moriera, removes a shopping bag from the trunk and enters the building. The moment Barrios-Moriera disappears within the doorway, the officer sprints after him because he knows that the door to the apartment building will automatically lock when it closes. He manages to catch the door just in time and rushes in. Barrios-Moriera is already halfway up a flight …


Fbi Internet Surveillance: The Need For A Natural Rights Application Of The Fourth Amendment To Insure Internet Privacy, Catherine M. Barrett Jan 2002

Fbi Internet Surveillance: The Need For A Natural Rights Application Of The Fourth Amendment To Insure Internet Privacy, Catherine M. Barrett

Richmond Journal of Law & Technology

Last year, the Federal Bureau of Investigation (“FBI”) acknowledged that it used an Internet electronic surveillance system called Carnivore to investigate and prosecute criminal suspects in more than two dozen cases. Carnivore is a software program developed by the FBI that can be installed on the network of an Internet Service Provider (“ISP”), such as America Online, to monitor, intercept and collect e-mail messages and other Internet activity made and received by individuals suspected of criminal activity. To date, the full capability of Carnivore remains a secret—the FBI refuses to disclose the source code (computer language) that would reveal how …


Conceptual Foundations Of Privacy: Looking Backward Before Stepping Forward, Robert A. Reilly Jan 1999

Conceptual Foundations Of Privacy: Looking Backward Before Stepping Forward, Robert A. Reilly

Richmond Journal of Law & Technology

In cyberspace, as in today's real world, there seems to be confusion in regard to what privacy is and what it is not. One scholar, Ruth Granson highlights recent efforts to fully comprehend privacy: "the concept of privacy is a central one in most discussions of modern Western life, yet only recently have there been serious efforts to analyze just what is meant by privacy." Over the years, the conception of the nature and extent of privacy has been severely bent out of shape. The definitions and concepts of privacy are as varied as those in the legal and academic …


Liberty From Officials By Grace: The Fourth Amendment's Application To Automobile Passengers In Maryland V. Wilson, Michael Begland Jan 1997

Liberty From Officials By Grace: The Fourth Amendment's Application To Automobile Passengers In Maryland V. Wilson, Michael Begland

University of Richmond Law Review

On February 19, 1997, the United States Supreme Court handed down its decision in Maryland v. Wilson, and put an end to twenty years of speculation regarding a police officer's authority to order a passenger out of a lawfully stopped automobile. In finding that such an order does not violate a passenger's Fourth Amendment privacy interests, the Supreme Court reversed Maryland's Court of Special Appeals and sided with the majority of states that have considered this narrow issue. The Court's decision provides important insight into the current state of Fourth Amendment jurisprudence and the Supreme Court's increasing willingness to sacrifice …


Search & Seizure Jan 1995

Search & Seizure

Touro Law Review

No abstract provided.


Use Of A Pen Register May Be A Search Within The Purview Of Article I, Section 9 Of The Texas Constitution., Angie Patrick Jan 1995

Use Of A Pen Register May Be A Search Within The Purview Of Article I, Section 9 Of The Texas Constitution., Angie Patrick

St. Mary's Law Journal

In Richardson v. State, the Texas Court of Criminal Appeals granted Richardson’s second petition for discretionary review to determine whether law enforcement’s use of a pen register constitutes a search. The use of a pen register may be a search within the purview of Article I, Section 9 of the Texas Constitution. Courts use the reasonable-expectation-of-privacy test, from Katz v. United States, to determine whether a search has occurred under the Fourth Amendment. In Richardson, the Texas Court of Criminal Appeals reviewed whether the use of a pen register equates to a search despite the U.S. Supreme Court’s determination in …


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


In Search Of A Fourth Amendment For The Twenty-First Century, Lewis R. Katz Jul 1990

In Search Of A Fourth Amendment For The Twenty-First Century, Lewis R. Katz

Indiana Law Journal

No abstract provided.


Searching For The Fourth Amendment, John M.A. Dipippa Jul 1984

Searching For The Fourth Amendment, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.


Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal Jan 1983

Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal

University of Richmond Law Review

There is a well-recognized lack of consistency and clarity in fourth amendment decisions. At times, each search and seizure case seenis unique and the decisions appear to rest on factual determinations rather than on legal principles. Nonetheless, it is desirable to have some understanding of the basic principles of the fourth amendment, and the way in which these principles affect individual cases.


Search And Seizure Of Containers Found In Automobiles: The Supreme Court Struggles For A "Bright Line" Rule, James M. Mccauley Jan 1982

Search And Seizure Of Containers Found In Automobiles: The Supreme Court Struggles For A "Bright Line" Rule, James M. Mccauley

University of Richmond Law Review

Two recent decisions by the United States Supreme Court have added a new dimension to the law of search and seizure of automobiles and containers found within motor vehicles. The plurality opinion in Robbins v. California'held that a closed opaque container found in the luggage compartment of a station wagon during the course of a lawful vehicle search could not be seized without a warrant. However, in New York v. Belton, a majority held that a police officer, incident to a lawful custodial arrest of an occupant of an automobile, may search the passenger compartment of that automobile and examine …


The New Warrant Requirements: Payton V. New York And Wallace V. King, Robert B. Lloyd Jr. Jan 1981

The New Warrant Requirements: Payton V. New York And Wallace V. King, Robert B. Lloyd Jr.

University of Richmond Law Review

Since the original Bill of Rights was drafted, the diverse warrant requirements necessary for reasonable searches and seizures under the fourth amendment have led to chaos and confusion. A dichotomy has existed between the requirements necessary for the search and seizure of property and those necessary for the search and seizure of persons. Generally, a warrant has been required when the object of the search and seizure was property while no warrant has been necessary for the seizure of an individual. The Supreme Court decision in Payton v. New York has erased much of this distinction, holding that the fourth …


Criminal Procedure And Criminal Law: Virginia Supreme Court Decisions During The 70'S, Michael J. Barbour, Thomas E. Carr, Sarah H. Finley, Jeannie L. Pilant Jan 1981

Criminal Procedure And Criminal Law: Virginia Supreme Court Decisions During The 70'S, Michael J. Barbour, Thomas E. Carr, Sarah H. Finley, Jeannie L. Pilant

University of Richmond Law Review

The purpose of this note is to examine the decisions of the Virginia Supreme Court during the period between 1970-1980 in the area of criminal procedure and substantive criminal law. Legislative changes will not be dealt with in depth except as they have affected these decisions. Because of space constraints, a complete review of all areas is impossible; therefore, review has been limited to those issues most likely to be of interest to the practicing attorney. The discussion will also attempt to establish the position of the Virginia Supreme Court on these matters in relation to the United States Supreme …


A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal Jan 1981

A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal

University of Richmond Law Review

In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …


Criminal Procedure–Search And Seizure–Curtilage Includes The Garden, Kathryn Duncan Holt Apr 1980

Criminal Procedure–Search And Seizure–Curtilage Includes The Garden, Kathryn Duncan Holt

University of Arkansas at Little Rock Law Review

No abstract provided.


Use Of Drug Detecting Dogs In Public High Schools, Anthony P. Gillman Jan 1980

Use Of Drug Detecting Dogs In Public High Schools, Anthony P. Gillman

Indiana Law Journal

No abstract provided.


Privacy Revisited: The Downfall Of Griswald, Martin R. Levy, C. Thomas Hectus Jan 1978

Privacy Revisited: The Downfall Of Griswald, Martin R. Levy, C. Thomas Hectus

University of Richmond Law Review

This article presents a review of the Supreme Court's privacy decisions since Griswold v. Connecticut, and concentrates on Doe v. Commonwealth's Attorney for City of Richmond as a vehicle to review the Burger Court's trends in the privacy area. Doe is a good vehicle because, though decided without opinion, the summary affirmance of a lower court decision denying homosexuals constitutional protection resolved the tension developing between Douglas' penumbra theory of privacy, which was the opinion of the Court in Griswold, and the more modern substantive due process analysis. The authors conclude that the opinions in Griswold are dead as far …


Reconsideration Of The Katz Expectation Of Privacy Test, Michigan Law Review Nov 1977

Reconsideration Of The Katz Expectation Of Privacy Test, Michigan Law Review

Michigan Law Review

This Note, by modifying certain aspects of the reasonable expectation of privacy test, offers a theory that attempts to identify the minimum content of the fourth amendment. In the first section, the Note examines the reasonable expectation of privacy test and considers whether it has been or can be applied in a manner that fails to protect the right to have certain minimum expectations of privacy. It analyzes both the "actual" and the "reasonable" expectation requirements, identifies weaknesses inherent in the current application of these requirements, and suggests certain ways in which they might be refined. In the second section, …


A Review Of Prisoners' Rights Litigation Under 42 U .S.C . §1983, Scott D. Anderson, Theodore I. Brenner, Vera Duke, James E. Gray, Ronald M. Maupin Jan 1977

A Review Of Prisoners' Rights Litigation Under 42 U .S.C . §1983, Scott D. Anderson, Theodore I. Brenner, Vera Duke, James E. Gray, Ronald M. Maupin

University of Richmond Law Review

Before the mid-1960's, the federal courts frequently invoked the "hands-off" doctrine, a rule of deference to state correctional administrators, when petitioned by inmates to review conditions in state jails and prisons. When applied, the doctrine essentially held that a state prisoner's grievance was beyond the scope of authority or competence ofthe federal judiciary. With an increasing realization during the late 1960's and early 1970's that federal court intervention into state prison matters would be necessary, the 42 U.S.C. § 19831 civil rights complaint became the leading tool for effecting change in the area of prisoners rights. In order to gain …


Constitutional Limitations On The Use Of Canines To Detect Evidence Of Crime, John Schuster Jan 1976

Constitutional Limitations On The Use Of Canines To Detect Evidence Of Crime, John Schuster

Fordham Law Review

No abstract provided.


Fact Style Adjudication And The Fourth Amendment: The Limits Of Lawyering, Roger B. Dworkin Apr 1973

Fact Style Adjudication And The Fourth Amendment: The Limits Of Lawyering, Roger B. Dworkin

Indiana Law Journal

No abstract provided.


Recent Decisions Jan 1969

Recent Decisions

University of Richmond Law Review

This is a summary of the case law from 1969.


Sodomy And The Married Man Jan 1969

Sodomy And The Married Man

University of Richmond Law Review

Although the Constitution does not provide for a specific right of privacy, the existence of such a right is beyond dispute. The extent of the right is, however, difficult to determine when one considers the point beyond which the right of privacy will prohibit intrusion by either state or federal authorities into an individual's affairs. Only by balancing the individual's need for privacy with the state's interest in regulating private conduct, can a delineation be made.