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Full-Text Articles in Law
Contextual Expectations Of Privacy, Andrew Selbst
Contextual Expectations Of Privacy, Andrew Selbst
Andrew Selbst
Fourth Amendment search jurisprudence is nominally based on a “reasonable expectation of privacy,” but actual doctrine is detached from society’s conception of privacy. Courts rely on various binary distinctions: Is a piece of information secret or not? Was the observed conduct inside or outside? While often convenient, none of these binary distinctions can adequately capture the complicated range of ideas encompassed by “privacy.” Over the last decade, privacy theorists have begun to understand that a consideration of context is essential to a full understanding of privacy. Helen Nissenbaum’s theory of contextual integrity, which characterizes a right to privacy as the …
"Lonesome Roads:" Driving Without The Fourth Amendment, Lewis R. Katz
"Lonesome Roads:" Driving Without The Fourth Amendment, Lewis R. Katz
Lewis R. Katz
American states and municipalities have so many minor traffic regulations that every time a driver gets behind the wheel of a car he or she is likely to commit multiple violations. The violation of any traffic regulation empowers police officers to stop the vehicle, ticket and, in some states, arrest the motorist. Police are physically unable to stop and ticket, let alone arrest, every motorist committing a traffic violation. Instead, police are vested with unlimited discretion when choosing which motorists to stop, warn, ticket, or arrest. So long as there is probable cause for a traffic violation, courts will not …
"Lonesome Road:" Driving Without The Fourth Amendment, Lewis R. Katz
"Lonesome Road:" Driving Without The Fourth Amendment, Lewis R. Katz
Lewis R. Katz
American states and municipalities have so many minor traffic regulations that every time a driver gets behind the wheel of a car he or she is likely to commit multiple violations. The violation of any traffic regulation empowers police officers to stop the vehicle, ticket and, in some states, arrest the motorist. Police are physically unable to stop and ticket, let alone arrest, every motorist committing a traffic violation. Instead, police are vested with unlimited discretion when choosing which motorists to stop, warn, ticket, or arrest. So long as there is probable cause for a traffic violation, courts will not …
The Politics Of Privacy In The Criminal Justice System: Information Disclosure, The Fourth Amendment, And Statutory Law Enforcement Exemptions, Erin E. Murphy
The Politics Of Privacy In The Criminal Justice System: Information Disclosure, The Fourth Amendment, And Statutory Law Enforcement Exemptions, Erin E. Murphy
Erin E Murphy
When criminal justice scholars think of privacy, they think of the Fourth Amendment. But lately its domain has become far less absolute. The United States federal code currently contains over twenty separate statutes that restrict both acquisition and release of covered information. Largely enacted in the latter part of the twentieth century, these statutes address matters vital to modern existence. They control police access to drivers’ licenses, education records, health histories, telephone calls, e-mail messages, and even video rentals. They conform to no common template, but rather enlist a variety of procedural tools to serve as safeguards – ranging from …
Gps Tracking Devices And Facial Recognition Technology: A Comparative Analysis Of Jones’S Effect On Law Enforcement’S Future Use Of Surveillance-Enhancing Technology, James Mariani
James Mariani
New technology benefits everyone—cops and robbers are no exception. However, technology and privacy, unfortunately so, tend to have an inverse relationship, and when it comes to law enforcement, the Fourth Amendment is the curve. The Supreme Court, throughout its jurisprudence dealing with the warrantless use of technology-enhanced surveillance, has pushed the balance of this line in both directions. In the upcoming decision of United States v. Jones, the Court will redraw the line once more by deciding whether the government’s use of a GPS tracking device is a search under the Fourth Amendment. This note will predict the outcome of …