Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Fourth Amendment (58)
- Constitutional Law (33)
- Criminal Law (29)
- Criminal Procedure (27)
- Civil Rights and Discrimination (15)
-
- Law Enforcement and Corrections (14)
- Supreme Court of the United States (11)
- Evidence (10)
- Science and Technology Law (9)
- Law and Society (7)
- Privacy Law (7)
- Courts (4)
- Law and Race (4)
- Legal Remedies (4)
- Judges (3)
- Civil Law (2)
- Comparative and Foreign Law (2)
- Disability Law (2)
- Fourteenth Amendment (2)
- Human Rights Law (2)
- Internet Law (2)
- Jurisprudence (2)
- Legal History (2)
- National Security Law (2)
- Public Law and Legal Theory (2)
- State and Local Government Law (2)
- Administrative Law (1)
- Computer Law (1)
- First Amendment (1)
- Institution
-
- Selected Works (16)
- Touro University Jacob D. Fuchsberg Law Center (8)
- Brooklyn Law School (3)
- Loyola Marymount University and Loyola Law School (3)
- Roger Williams University (3)
-
- University of Baltimore Law (3)
- University of Georgia School of Law (3)
- Cleveland State University (2)
- Duke Law (2)
- St. John's University School of Law (2)
- St. Mary's University (2)
- University of Miami Law School (2)
- University of Michigan Law School (2)
- University of Pittsburgh School of Law (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Emory University School of Law (1)
- Florida International University College of Law (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Marquette University Law School (1)
- Northwestern Pritzker School of Law (1)
- Pace University (1)
- Penn State Law (1)
- Saint Louis University School of Law (1)
- Seattle University School of Law (1)
- Seton Hall University (1)
- Southern Methodist University (1)
- University of Pennsylvania Carey Law School (1)
- University of Richmond (1)
- Publication
-
- Touro Law Review (8)
- Kit Kinports (7)
- David Kaye (5)
- Loyola of Los Angeles Law Review (3)
- All Faculty Scholarship (2)
-
- Articles (2)
- Brooklyn Law Review (2)
- Duke Journal of Constitutional Law & Public Policy Sidebar (2)
- Journal Articles (2)
- Life of the Law School (1993- ) (2)
- Scholarly Works (2)
- St. John's Law Review (2)
- St. Mary's Law Journal (2)
- University of Miami Law Review (2)
- Articles in Law Reviews & Other Academic Journals (1)
- Cleveland State Law Review (1)
- David C. Gray (1)
- Faculty Articles (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications (1)
- Faculty Scholarship (1)
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- Georgia Journal of International & Comparative Law (1)
- Howard M Wasserman (1)
- Journal of Law and Policy (1)
- Laurent Sacharoff (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Scholarship (1)
- Margaret Hu (1)
- Marquette Law Review (1)
- Publication Type
Articles 61 - 72 of 72
Full-Text Articles in Law
Teaching Criminal Procedure—Especially The Fourth Amendment On Electronic Surveillance— To Everyone But Law Students, Brian L. Owsley
Teaching Criminal Procedure—Especially The Fourth Amendment On Electronic Surveillance— To Everyone But Law Students, Brian L. Owsley
Saint Louis University Law Journal
No abstract provided.
What's Fear Got To Do With It?: The "Armed And Dangerous" Requirement Of Terry, Gerald S. Reamey
What's Fear Got To Do With It?: The "Armed And Dangerous" Requirement Of Terry, Gerald S. Reamey
Marquette Law Review
Rarely has a court’s opinion, even one from the Supreme Court of the United States, so altered existing notions of constitutional criminal procedure law as did the opinion in Terry v. Ohio. On several levels, the opinion dramatically shifted the way in which the Fourth Amendment was understood. Law students who had learned about the probable cause “requirement” and the warrant “requirement” were surprised to learn, especially in the case of the former, that these “requirements” were not required at all. To continue to conceptualize the Fourth Amendment’s single sentence guarantees as consisting of a “warrant clause” and a “reasonableness” …
Ohio Is Jonesing For Automatic License Plate Readers: Why This May Violate Your Fourth Amendment Rights And What The Ohio Legislature Should Do About It, Michael E. Fisher
Ohio Is Jonesing For Automatic License Plate Readers: Why This May Violate Your Fourth Amendment Rights And What The Ohio Legislature Should Do About It, Michael E. Fisher
Cleveland State Law Review
The City of Cleveland currently owns and operates several automatic license plate recognition cameras. With a quick scan, these cameras can provide law enforcement with locational and other personal data about an individual. The Supreme Court in United States v. Jones successfully avoided the issue of whether there is a privacy right in locational data; thus this Note addresses the need for Ohio legislation to balance the interests of law enforcement in using license plate data to apprehend criminals with citizens' Fourth Amendment right to be free from unreasonable searches and seizures. It also examines legislation in effect in other …
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook
Scholarly Works
On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …
The Internet Of Things And The Fourth Amendment Of Effects, Andrew Ferguson
The Internet Of Things And The Fourth Amendment Of Effects, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
By 2020 there will be billions of “things” connected through the “Internet of Things.” These smart devices built within our homes, cars, smartphones, clothing, and accessories present new possibilities for technological surveillance for law enforcement. This network of smart devices also poses a new challenge for a Fourth Amendment built around “effects.” The constitutional language protecting “persons, houses, papers, and effects” from unreasonable searches and seizures must confront this change. This article addresses how a Fourth Amendment built on old-fashioned “effects” can address a new world when things are no longer just inactive, static objects, but objects that create and …
Fourth Amendment Implications Of Police-Worn Body Cameras, Erik Nielsen
Fourth Amendment Implications Of Police-Worn Body Cameras, Erik Nielsen
St. Mary's Law Journal
Abstract forthcoming.
Filming The Police: An Interference Or A Public Service, Aracely Rodman
Filming The Police: An Interference Or A Public Service, Aracely Rodman
St. Mary's Law Journal
Abstract forthcoming.
Never Alone: Why The Inevitable Influx Of Drones Necessitates A New Fourth Amendment Standard That Adequately Protects Reasonable Expectations Of Privacy, Paul Burgin
University of Baltimore Law Review
In June 2011, North Dakota cattle rancher Rodney Brossart became the first American to be arrested with the aid of a drone (Unmanned Aircraft System(s) or UAS) operated by law enforcement. Six cows found their way onto Brossart's property, and he refused to turn them over to law enforcement officials. Brossart and a few family members chased police officers off of his property at gunpoint, and police later returned with a warrant and SWAT team. A sixteen-hour standoff ensued until police called in the assistance of a UAS to pinpoint Brossart's exact location. Shortly thereafter, SWAT officers rushed in, tased, …
Evidence Laundering In A Post-Herring World, Kay L. Levine, Jenia I. Turner, Ronald F. Wright
Evidence Laundering In A Post-Herring World, Kay L. Levine, Jenia I. Turner, Ronald F. Wright
Faculty Journal Articles and Book Chapters
The Supreme Court’s decision in Herring v. United States authorizes police to defeat the Fourth Amendment’s protections through a process we call evidence laundering. Evidence laundering occurs when one police officer makes a constitutional mistake when gathering evidence and then passes that evidence along to a second officer, who develops it further and then delivers it to prosecutors for use in a criminal case. When courts admit the evidence based on the good faith of the second officer, the original constitutional taint disappears in the wash.
In the years since Herring was decided, courts have allowed evidence laundering in a …
Whren's Flawed Assumptions Regarding Race, History, And Unconscious Bias, William M. Carter Jr.
Whren's Flawed Assumptions Regarding Race, History, And Unconscious Bias, William M. Carter Jr.
Articles
This article is adapted from remarks presented at CWRU Law School's symposium marking the 20th anniversary of Whren v. United States. The article critiques Whren’s constitutional methodology and evident willful blindness to issues of social psychology, unconscious bias, and the lengthy American history of racialized conceptions of crime and criminalized conceptions of race. The article concludes by suggesting a possible path forward: reconceptualizing racially motivated pretextual police encounters as a badge or incident of slavery under the Thirteenth Amendment issue rather than as abstract Fourth or Fourteenth Amendment issues.
Riley V. California And The Beginning Of The End For The Third-Party Search Doctrine, David A. Harris
Riley V. California And The Beginning Of The End For The Third-Party Search Doctrine, David A. Harris
Articles
In Riley v. California, the Supreme Court decided that when police officers seize a smart phone, they may not search through its contents -- the data found by looking into the call records, calendars, pictures and so forth in the phone -- without a warrant. In the course of the decision, the Court said that the rule applied not just to data that was physically stored on the device, but also to data stored "in the cloud" -- in remote sites -- but accessed through the device. This piece of the decision may, at last, allow a re-examination of …
Trespass And Deception, Laurent Sacharoff