Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- SelectedWorks (10)
- Touro University Jacob D. Fuchsberg Law Center (10)
- University of Michigan Law School (7)
- William & Mary Law School (6)
- Selected Works (5)
-
- University of Florida Levin College of Law (4)
- Vanderbilt University Law School (4)
- Brigham Young University Law School (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Georgetown University Law Center (2)
- New York Law School (2)
- Seton Hall University (2)
- University of Pennsylvania Carey Law School (2)
- University of the District of Columbia School of Law (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Campbell University School of Law (1)
- Columbia Law School (1)
- Duke Law (1)
- Florida State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Mercer University School of Law (1)
- North Carolina Central University School of Law (1)
- Parkland College (1)
- Penn State Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of New Hampshire (1)
- University of Oklahoma College of Law (1)
- University of Richmond (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Fourth Amendment (27)
- Police (10)
- Constitutional Law (9)
- Privacy (9)
- Search and Seizure (7)
-
- Searches (7)
- Exclusionary Rule (6)
- Probable cause (6)
- Exclusionary rule (5)
- Suppress (5)
- Surveillance (5)
- 4th amendment (4)
- Automobile (4)
- Car (4)
- Constitutional law (4)
- Suppression (4)
- Supreme Court (4)
- United States Constitution (4)
- United States Supreme Court (4)
- Warrant (4)
- Consent (3)
- Drugs (3)
- Fourth amendment (3)
- Mapp (3)
- New York (3)
- Reasonable suspicion (3)
- Search and seizure (3)
- Searches and Seizures (3)
- Searches and seizures (3)
- Technology (3)
- Publication
-
- Touro Law Review (10)
- Faculty Scholarship (4)
- Michele Carducci Prof. (4)
- Articles (3)
- Florida Law Review (3)
-
- University of Michigan Journal of Law Reform Caveat (3)
- All Faculty Scholarship (2)
- Brigham Young University Journal of Public Law (2)
- Charles B Frye (2)
- David C. Gray (2)
- Georgetown Law Faculty Publications and Other Works (2)
- NYLS Law Review (2)
- Rachel A. Harmon (2)
- Scholarly Works (2)
- Student Works (2)
- University of the District of Columbia Law Review (2)
- Vanderbilt Law School Faculty Publications (2)
- William & Mary Bill of Rights Journal (2)
- William & Mary Law Review (2)
- A with Honors Projects (1)
- Appellate and Supreme Court Clinic (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Brigham Young University Education and Law Journal (1)
- Campbell Law Review (1)
- David B Kopel (1)
- Faculty Publications (1)
- Federal Communications Law Journal (1)
- George Souri (1)
- Journal Articles (1)
- Law Faculty Publications (1)
- Publication Type
- File Type
Articles 1 - 30 of 79
Full-Text Articles in Law
Mary D. Branch, Plaintiff-Appellant, V. Officer Timothy Gorman, Et Al., Defandants-Appellants: Brief Of Appellant, Patricia E. Roberts, Pamela Palmer, Alexa Roggenkamp, Tillman J. Breckenridge, Robert M. Luck Iii
Mary D. Branch, Plaintiff-Appellant, V. Officer Timothy Gorman, Et Al., Defandants-Appellants: Brief Of Appellant, Patricia E. Roberts, Pamela Palmer, Alexa Roggenkamp, Tillman J. Breckenridge, Robert M. Luck Iii
Appellate and Supreme Court Clinic
No abstract provided.
Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum
Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum
Touro Law Review
No abstract provided.
Court Of Appeals Of New York – People V. Hall, Christopher Shishko
Court Of Appeals Of New York – People V. Hall, Christopher Shishko
Touro Law Review
No abstract provided.
The Mosaic Theory Of The Fourth Amendment, Orin S. Kerr
The Mosaic Theory Of The Fourth Amendment, Orin S. Kerr
Michigan Law Review
In the Supreme Court's recent decision on GPS surveillance, United States v. Jones, five justices authored or joined concurring opinions that applied a new approach to interpreting Fourth Amendment protection. Before Jones, Fourth Amendment decisions had always evaluated each step of an investigation individually. Jones introduced what we might call a "mosaic theory" of the Fourth Amendment, by which courts evaluate a collective sequence of government activity as an aggregated whole to consider whether the sequence amounts to a search. This Article considers the implications of a mosaic theory of the Fourth Amendment. It explores the choices and puzzles that …
Student Speech Rights In The Digital Age, Mary-Rose Papandrea
Student Speech Rights In The Digital Age, Mary-Rose Papandrea
Florida Law Review
For several decades courts have struggled to determine when, if ever, public schools should have the power to restrict student expression that does not occur on school grounds during school hours. In the last several years, courts have struggled with this same question in a new context—the digital media. The dramatic increase in the number of student speech cases involving the Internet, mobile phones, and video cameras begs for a closer examination of the scope of school officials’ authority to censor the expression of minors as well as the scope of juvenile speech rights generally. This Article takes a close …
Qualified Immunitity: When Is A Loss Ultimately A Win?, Michael J. Hooi
Qualified Immunitity: When Is A Loss Ultimately A Win?, Michael J. Hooi
Florida Law Review
No abstract provided.
In Honor Of Walter O. Weyrauch: Substantive Due Process Limits On Punitive Damages Awards: "Morals Without Technique"?, Emily Gold Waldman, F. Patrick Hubbard
In Honor Of Walter O. Weyrauch: Substantive Due Process Limits On Punitive Damages Awards: "Morals Without Technique"?, Emily Gold Waldman, F. Patrick Hubbard
Florida Law Review
In a series of cases decided over the last two decades, the Supreme Court has used the Due Process Clause to establish a procedural and substantive framework for awarding punitive damages. Initially, the substantive aspects of this framework were sufficiently clear and flexible that they required little change in the system and probably generated a helpful level of debate and uniformity as to some basic requirements for awards. However, in BMW of North America, Inc. v. Gore, the Court adopted an approach characterized by a lack of clarity and consistency, an inadequate basis in theory and policy, and ad hoc …
Constitutional Limits On The Right Of Government Investigations To Interview And Examine Alleged Victims Of Child Abuse Or Neglect, Teri Dobbins Baxter
Constitutional Limits On The Right Of Government Investigations To Interview And Examine Alleged Victims Of Child Abuse Or Neglect, Teri Dobbins Baxter
William & Mary Bill of Rights Journal
Investigating allegations of child abuse or neglect presents unique challenges, particularly if parents or guardians are the alleged perpetrators. Those accused of harming the children are in a position to prevent the victims from getting access to the help they need to escape their abuser(s). The courts have not clearly defined the federal constitutional boundaries of searches and seizures in this context. The Supreme Court, in particular, has not weighed in on the constitutionality of warrantless searches and seizures in connection with abuse and neglect investigations. This lack of Supreme Court guidance has led to unpredictable and sometimes conflicting opinions …
The Real Rules Of "Search" Interpretations, Luke M. Milligan
The Real Rules Of "Search" Interpretations, Luke M. Milligan
William & Mary Bill of Rights Journal
The Supreme Court tells us that a Fourth Amendment “search” is a matter of “reasonable expectations of privacy.” Scholars meanwhile debate “search” on the axes of value, doctrine, institutionalism, interpretation, and judicial politics. Yet neither prevailing judicial doctrine nor normative academic discourse has had much impact on the Court’s actual “search” interpretations. This article suggests that this static between “paper” rules and “real” rules (and, more generally, normative prescriptions and judicial decisionmaking) is a function of a deep constraint on the judiciary’s capacity to form “search” doctrine in free accordance with evolving juridical and policy norms. This constraint is one …
Constitutional Litigation Under Section 1983 And The Bivens Doctrine In The October 2008 Term, Martin A. Schwartz
Constitutional Litigation Under Section 1983 And The Bivens Doctrine In The October 2008 Term, Martin A. Schwartz
Martin A. Schwartz
Section 1983 is the major enforcer of individual federal constitutional rights. It authorizes individuals to enforce their constitutional rights against state and local officials; for example,prison officers and police officers, and against municipalities. It is the most important civil statute in American law. To its credit, the United States Supreme Court understands the significance of § 1983. For the past three decades, in virtually every single Term of theCourt, it has decided a substantial number of cases dealing with different facets of § 1983 litigation. Last Term, there was anunusual number of § 1983 decisions rendered by the United States …
Limited Leverage: Federal Remedies And Policing Reform, Rachel A. Harmon
Limited Leverage: Federal Remedies And Policing Reform, Rachel A. Harmon
Rachel A. Harmon
With respect to deterring police misconduct, federal remedies are almost as good as they are ever going to get. Federal remedies for police misconduct, and most other remedies for misconduct, promote change by making misconduct costly for police departments and municipalities. Improving federal remedies would encourage some additional departments to seek the positive expected return on reform measures likely to reduce misconduct. But existing federal remedies all focus on either increasing the cost of misconduct or reducing its benefits. The problem is that even if existing federal remedies are altered to maximize deterrence, they cannot be employed to impose a …
Defining Reasonable: The Implications Of State V. Mbacke On Fourth Amendment Protections, David B. Mckaig
Defining Reasonable: The Implications Of State V. Mbacke On Fourth Amendment Protections, David B. Mckaig
North Carolina Central Law Review
No abstract provided.
New Police Surveillance Technologies And The Good-Faith Exception: Warrantless Gps Tracker Evidence After United States V. Jones, Caleb Mason
Nevada Law Journal
No abstract provided.
Texting While Driving Meets The Fourth Amendment: Deterring Both Texting And Warrantless Cell Phone Searches, Adam M. Gershowitz
Texting While Driving Meets The Fourth Amendment: Deterring Both Texting And Warrantless Cell Phone Searches, Adam M. Gershowitz
Faculty Publications
Recent laws criminalizing texting while driving are under-inclusive, ambiguous, and impose light punishments that are unlikely to deter. At the same time, the laws empower police to conduct warrantless searches of drivers’ cell phones. Texting while driving is dangerous and should be punished with stiff fines, possible jail time, license suspensions, and interlock devices that prevent use of phones while driving. However, more severe punishment will not eliminate police authority to conduct warrantless cell phone searches. This Article therefore proposes that legislatures allow drivers to immediately confess to texting while driving in exchange for avoiding a search of their phones. …
Constitutional Cacophony: Federal Circuit Splits And The Fourth Amendment, Wayne A. Logan
Constitutional Cacophony: Federal Circuit Splits And The Fourth Amendment, Wayne A. Logan
Vanderbilt Law Review
Despite their many differences, Americans have long been bound by a shared sense of constitutional commonality. Federal constitutional rights, however, can and do often vary based on geographic location, and a chief source of this variation stems from an unexpected origin: the nation's federal circuit courts of appeals. While a rich literature exists on federal circuit splits in general, this Article provides the first empirical study of federal constitutional law circuit splits. Focusing on Fourth Amendment doctrine in particular, the Article highlights the existence of over three dozen current circuit splits, which result in the unequal allocation of liberty and …
Warrantless Searches And Smartphones: Privacy In The Palm Of Your Hand?, Margaret M. Lawton
Warrantless Searches And Smartphones: Privacy In The Palm Of Your Hand?, Margaret M. Lawton
University of the District of Columbia Law Review
Incident to a drug arrest, a police officer removes a smartphone from the pocket of the defendant. The smartphone may have incriminating evidence-phone numbers, pictures, text messages, and e-mails. But can the officer examine the smartphone on the scene or back at the station? Or does the officer need to show probable cause and obtain a warrant before examining the phone? If the phone were instead the arrestee's wallet or a cigarette package, under the search incident to lawful arrest exception to the Fourth Amendment's warrant requirement the officer could open and search inside either of these "containers." Anything found …
Looking Through The Prism Of Privacy And Trespass: Smartphones And The Fourth Amendment, Saby Ghoshray
Looking Through The Prism Of Privacy And Trespass: Smartphones And The Fourth Amendment, Saby Ghoshray
University of the District of Columbia Law Review
Technology in the twenty-first century has dramatically changed our lives, but the law has not kept pace with technological advances. The treatment of smartphones in Fourth Amendment jurisprudence is no exception. This is made evident by the increasingly scattered outcomes of litigation involving the privacy interests of smartphone owners.' As the cross-jurisdictional inconsistencies of judicial decisions applying the Fourth Amendment to smartphones mount, I am drawn to seek answers from two foundational pillars of the Supreme Court's search and seizure jurisprudence: protection against invasions of privacy and the bulwark against trespass.
A Failure Of The Fourth Amendment & Equal Protection's Promise: How The Equal Protection Clause Can Change Discriminatory Stop And Frisk Policies, Brando Simeo Starkey
A Failure Of The Fourth Amendment & Equal Protection's Promise: How The Equal Protection Clause Can Change Discriminatory Stop And Frisk Policies, Brando Simeo Starkey
Michigan Journal of Race and Law
Terry v. Ohio changed everything. Before Terry, Fourth Amendment law was settled. The Fourth Amendment had long required that police officers have probable cause in order to conduct Fourth Amendment invasions; to administer a "reasonable" search and seizure, the state needed probable cause. But in 1968, the Warren Court, despite its liberal reputation, lowered the standard police officers had to meet to conduct a certain type of search: the so-called "'stop' and 'frisk.'" A "stop and frisk" occurs when a police officer, believing a suspect is armed and crime is afoot, stops the suspect, conducts an interrogation, and pats him …
Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince
Touro Law Review
No abstract provided.
Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas
Touro Law Review
No abstract provided.
Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell
Touro Law Review
No abstract provided.
Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose
Touro Law Review
No abstract provided.
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Touro Law Review
No abstract provided.
The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen
The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen
Touro Law Review
No abstract provided.
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
Touro Law Review
No abstract provided.
Conditions Of Pre-Trial Bail In Texas -- Oppressive And Excessive?, Charles B. Frye
Conditions Of Pre-Trial Bail In Texas -- Oppressive And Excessive?, Charles B. Frye
Charles B Frye
Judges have wide discretion in not only setting the amount of the pre-trial bond in a criminal case, but also in requiring "conditions" which apply to the defendant's behavior during pre-trial release. Often, these conditions are as onerous as the punishment for the crime for which the defendant has been accused, but not yet convicted.
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Articles
Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …
Social-Network Theory And The Diffusion Of The Search-And-Seizure Exclusionary Rule Among State Courts Between Weeks And Wolf, Laurence A. Benner, Robert Bird, Donald J. Smythe
Social-Network Theory And The Diffusion Of The Search-And-Seizure Exclusionary Rule Among State Courts Between Weeks And Wolf, Laurence A. Benner, Robert Bird, Donald J. Smythe
Brigham Young University Journal of Public Law
No abstract provided.
New Technologies And Constitutional Law, Thomas Fetzer, Christopher S. Yoo
New Technologies And Constitutional Law, Thomas Fetzer, Christopher S. Yoo
All Faculty Scholarship
No abstract provided.
A Spectacular Non Sequitur: The Supreme Court's Contemporary Fourth Amendment Exclusionary Rule Jurisprudence, David C. Gray
A Spectacular Non Sequitur: The Supreme Court's Contemporary Fourth Amendment Exclusionary Rule Jurisprudence, David C. Gray
David C. Gray
Much of the Supreme Court’s contemporary Fourth Amendment exclusionary rule jurisprudence is constructed upon an analytic mistake that H.L.A. Hart described in another context as a “spectacular non sequitur.” That path to irrelevance is paved by the Court’s recent insistence that the sole justification for excluding evidence seized in violation of the Fourth Amendment is the prospect of deterring law enforcement officers. This deterrence-only approach ignores or rejects more principled justifications that inspired the rule at its genesis and have sustained it through the majority of its history and development. More worrisome, however, is the conceptual insufficiency of deterrence considerations …