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Full-Text Articles in Law
Mcdonald's Other Right, Samuel L. Wiseman
Mcdonald's Other Right, Samuel L. Wiseman
Scholarly Publications
No abstract provided.
"Mosaic Theory" And Megan's Laws, Wayne A. Logan
"Mosaic Theory" And Megan's Laws, Wayne A. Logan
Scholarly Publications
This essay urges reexamination of the privacy implications of registration and community notification (RCN) laws, commonly known as Megan’s Laws. Applying the analytic construct recently employed by the D.C. Circuit in United States v. Maynard to conclude that extended use of a GPS tracking device constitutes a search for Fourth Amendment purposes, the essay argues that the collection and aggregation of registrant data entailed in RCN implicates a protectable Fourteenth Amendment privacy interest. In both contexts, the government collects nominally public data – in Maynard, car travel, with RCN, registrants’ home/work/school addresses, physical traits, etc. – and creates an informational …
Megan's Laws As A Case Study In Political Stasis, Wayne A. Logan
Megan's Laws As A Case Study In Political Stasis, Wayne A. Logan
Scholarly Publications
No abstract provided.
Police Mistakes Of Law, Wayne A. Logan
Police Mistakes Of Law, Wayne A. Logan
Scholarly Publications
This Article addresses something that most Americans would consider a constitutional impossibility: police officers stopping or arresting individuals for lawful behavior and courts deeming such seizures reasonable for Fourth Amendment purposes, thereby precluding application of the exclusionary rule. Today, however, an increasing number of courts condone seizures based on what they consider “reasonable” police mistakes of law, typically concerning petty offenses, and permit evidence secured as a result to support prosecutions for unrelated, more serious offenses (usually relating to guns or drugs). The Article surveys the important rule-of-law, separation-of-powers, and legislative-accountability reasons supporting continued judicial adherence to the historic no-excuse …