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Articles 1 - 10 of 10
Full-Text Articles in Law
Say Cheese! Examining The Constitutionality Of Photostops, Molly Bruder
Say Cheese! Examining The Constitutionality Of Photostops, Molly Bruder
American University Law Review
No abstract provided.
Reforming Fourth Amendment Privacy Doctrine, Jim Harper
Reforming Fourth Amendment Privacy Doctrine, Jim Harper
American University Law Review
No abstract provided.
The Right Ones For The Job: Divining The Correct Standard Of Review For Curtilage Determinations In The Aftermath Of Ornelas V. United States, Jake Linford
Scholarly Publications
No abstract provided.
Portland, Prohibition And Probable Cause: Maine's Role In Shaping Modern Criminal Procedure, Wesley M. Oliver
Portland, Prohibition And Probable Cause: Maine's Role In Shaping Modern Criminal Procedure, Wesley M. Oliver
Wesley M Oliver
At the time the Constitution was written, police officers had very little power. In most cases they were required to wait for a complaint from a victim to arrest, or a warrant from a magistrate to perform a search of any kind. Victims had extraordinary discretion in this era. Generally, only victims could seek arrest or search warrants and they were required only to allege that they had probable cause to support the arrest or search they sought. In most cases, an officer could not obtain a warrant even if he could provide the facts supporting his suspicions. Warrantless arrests …
The "High-Crime Area" Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis [Pdf], Andrew Guthrie Ferguson, Damien Bernache
The "High-Crime Area" Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis [Pdf], Andrew Guthrie Ferguson, Damien Bernache
American University Law Review
This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges. Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether …
The Constable Blunders But Isnt Punished Does Hudson V Michigans Abolition Of The Exclusionary Rule Extend Beyond Knockandannounce Violations, Mark A. Summers
The Constable Blunders But Isnt Punished Does Hudson V Michigans Abolition Of The Exclusionary Rule Extend Beyond Knockandannounce Violations, Mark A. Summers
Faculty Scholarship
No abstract provided.
Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz
Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz
Touro Law Review
No abstract provided.
An Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii
An Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii
Nevada Law Journal
No abstract provided.
Fourth Amendment Protection For Stored E-Mail, Susan Freiwald, Patricia L. Bellia
Fourth Amendment Protection For Stored E-Mail, Susan Freiwald, Patricia L. Bellia
Susan Freiwald
The question of whether and how the Fourth Amendment regulates government access to stored e-mail remains open and pressing. A panel of the Sixth Circuit recently held in Warshak v. United States, 490 F.3d 455 (6th Cir. 2007), that users generally retain a reasonable expectation of privacy in the e-mails they store with their Internet Service Providers (ISPs), which implies that government agents must generally acquire a warrant before they may compel ISPs to disclose their users' stored e-mails. The Sixth Circuit, however, is reconsidering the case en banc. This Article examines the nature of stored e-mail surveillance and argues …
Electronic Surveillance At The Virtual Border, Susan Freiwald
Electronic Surveillance At The Virtual Border, Susan Freiwald
Susan Freiwald
A virtual border divides people into two groups: those subject to the Fourth Amendment’s protections when the U.S. government conducts surveillance of their communications and those who are not. The distinction derives from a separation in powers: inside the virtual border, U.S. citizens and others enjoy the extensive oversight of the judiciary of executive branch surveillance. Judges review such surveillance before, during, and after it transpires. Foreign persons subject to surveillance in foreign countries fall within the executive branch’s’ foreign affairs function. However, the virtual border does not exactly match the physical border of the United States. Some people inside …