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Fourth Amendment

Constitutional Law

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Predictive Policing And Reasonable Suspicion, Andrew Ferguson Jan 2012

Predictive Policing And Reasonable Suspicion, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

Predictive policing is a new law enforcement strategy to reduce crime by predicting criminal activity before it happens. Using sophisticated computer algorithms to forecast future events from past crime patterns, predictive policing has become the centerpiece of a new smart-policing strategy in several major cities. The initial results have been strikingly successful in reducing crime.This article addresses the Fourth Amendment consequences of this police innovation, analyzing the effect of predictive policing on the concept of reasonable suspicion. This article examines predictive policing in the context of the larger constitutional framework of “prediction” and the Fourth Amendment. Many aspects of current …


Arrest Efficiency And The Fourth Amendment, Song Richardson Jan 2011

Arrest Efficiency And The Fourth Amendment, Song Richardson

Articles in Law Reviews & Other Academic Journals

In recent years, legal scholars have utilized the science of implicit social cognition to reveal how unconscious biases affect perceptions, behaviors, and judgments. Employing this science, scholars critique legal doctrine and challenge courts to take accurate theories of human behavior into account or to explain their failure to do so. Largely absent from this important conversation, however, are Fourth Amendment scholars. This void is surprising because the lessons of implicit social cognition can contribute much to understanding police behavior, especially as it relates to arrest efficiency or hit rates - the rates at which police find evidence of criminal activity …


The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache Jan 2008

The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache

Articles in Law Reviews & Other Academic Journals

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 it …


The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel Jan 2000

The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


A Reconsideration Of The Fourth Amendment's Doctrine Of Search Incident To Arrest.Pdf, David Aaronson Jan 1975

A Reconsideration Of The Fourth Amendment's Doctrine Of Search Incident To Arrest.Pdf, David Aaronson

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: The doctrine of search incident to arrest provides that, as an incident to every lawful full custody arrest, law enforcement officers have an automatic right to conduct a thorough search of the arrestee and the area within his immediate control.' Although the Supreme Court has stated that the search incident to arrest exception to the fourth amendment's general requirement of a search warrant has been "settled from its first enunciation," the doctrine should be reexamined in terms of constitutional jurisprudence.