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Articles 1 - 8 of 8
Full-Text Articles in Law
The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce
The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce
College Honors Program
It is well documented how our country’s Criminal Justice System has a history of targeting people of color. A lot of this contention is derived from police officers’ behavior when interacting with individuals, yet officers only act upon the laws and legal policies that grant them authority, including probable cause. My thesis addresses the question, how does the fluid and ambiguous nature of probable cause leave the door open for officers to disproportionately target people of color in the United States? While focusing on vehicle, person, and property searches, I first define probable cause, building an understanding of exactly what …
Is Wide-Area Persistent Surveillance By State And Local Governments Constitutional?, Joseph Lake
Is Wide-Area Persistent Surveillance By State And Local Governments Constitutional?, Joseph Lake
CGU Theses & Dissertations
This dissertation addresses the following question: “Can wide-area persistent surveillance (WAPS) developed by the United States military and employed abroad as a tool in the Global War on Terror be employed domestically as a law enforcement tool without violating the US Constitution’s Fourth Amendment?” The most likely and controversial application of WAPS by state and local governments is for law enforcement. Aircraft will loiter over a city persistently taking high-definition photographs to capture locations of unidentified persons with the intent to identify persons and areas of interest for criminal investigations. Based on the Flyover Cases, aerial surveillance has few constitutional …
Search And Seizure Law Understanding By High School Principals And The Role Of The School Resource Officer: A Qualitative Study Of Three North Carolina School Districts, Jordan Widelock
Doctor of Education Dissertations
This study utilized a multi-case study design in the examination of the understanding principals have about Fourth Amendment issues that arise with the use of a school resource officer (SRO). In addition, the study also looked at how prepared principals are to handle such issues. The interviews were conducted on six principals from three school districts, both large and small and rural and metropolitan within the state of North Carolina. The interview protocol consisted of 19 questions, with eight being scenario-based pulled directly for caselaw. The following were the major findings: (a) universities are preparing their students on Fourth Amendment …
Protecting Online Privacy In The Digital Age: Carpenter V. United States And The Fourth Amendment's Third-Party Doctrine, Cristina Del Rosso
Protecting Online Privacy In The Digital Age: Carpenter V. United States And The Fourth Amendment's Third-Party Doctrine, Cristina Del Rosso
Honors Undergraduate Theses
The intent of this thesis is to examine the future of the third-party doctrine with the proliferation of technology and the online data we are surrounded with daily, specifically after the United States Supreme Court's decision in Carpenter v. United States. In order to better understand the Supreme Court's reasoning in that case, this thesis will review the history of the third-party doctrine and its roots in United States v. Miller and Smith v. Maryland. A review of Fourth Amendment history and jurisprudence is also crucial to this thesis, as it is imperative that individuals do not forfeit …
Perceptions, Knowledge And Experiences Among Police Officers: Traffic Stops, Vehicle Searches And K-9 Involvement, Daniel Ozment
Perceptions, Knowledge And Experiences Among Police Officers: Traffic Stops, Vehicle Searches And K-9 Involvement, Daniel Ozment
Master of Science in Criminal Justice Theses & (Pre-2016) Policy Research Projects
This survey study explores the perceptions, knowledge and experiences of police “line” officers concerning Fourth Amendment search and seizure norms and applications during traffic stops and vehicles searches, in particular police use of canine units following the landmark United States Supreme Court decision of Rodriguez v. United States. In particular, the study examines issues surrounding the length and scope of a traffic stop by police, including stops with canine involvement. Finally, the study includes an analysis of how federal courts of appeal and Georgia courts have interpreted the Rodriguez decision.
An Analogue Precedent In A Digital World: Exploring The Applicability Of The Third-Party Doctrine In The Modern Technology Era, Nathaniel L. Siegler
An Analogue Precedent In A Digital World: Exploring The Applicability Of The Third-Party Doctrine In The Modern Technology Era, Nathaniel L. Siegler
Senior Theses and Projects
No abstract provided.
Content Analysis Of Pre- And Post-Jones Federal Appellate Cases: Implications Of Jones For Fourth Amendment Search Law, James A. Purdon
Content Analysis Of Pre- And Post-Jones Federal Appellate Cases: Implications Of Jones For Fourth Amendment Search Law, James A. Purdon
Master of Science in Criminal Justice Theses & (Pre-2016) Policy Research Projects
This study examines the state of Fourth Amendment search law in relationship to the decision in the recent, landmark case of United States v. Jones. This study focused on the effects of the Jones decision, trespass doctrine, relative to the former precedent of Katz v. United States, reasonable expectation of privacy doctrine, and the rates of searches being found under these two tests (or a combination of both). This study used a qualitative content analysis of federal appellate cases which cited Jones and/or Katz to answer the following questions: Which tests were being used in federal appellate cases …
The Right To Digital Privacy: Advancing The Jeffersonian Vision Of Adaptive Change, Kerry Moller
The Right To Digital Privacy: Advancing The Jeffersonian Vision Of Adaptive Change, Kerry Moller
CMC Senior Theses
The relationship between privacy, technology, and law is complex. Thomas Jefferson’s prescient nineteenth century observation that laws and institutions must keep pace with the times offers a vision for change. Statutory law and court precedents help to define our right to privacy, however, the development of new technologies has complicated the application of old precedents and statutes. Third party organizations, such as Google, facilitate new methods of communication, and the government can often collect the information that third parties receive with a subpoena or court order, rather than a Fourth Amendment-mandated warrant. Privacy promotes fundamental democratic freedoms, however, under current …