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Full-Text Articles in Law
Geofence Warrants: An Attack On The Fourth Amendment, Golden Gate University School Of Law
Geofence Warrants: An Attack On The Fourth Amendment, Golden Gate University School Of Law
GGU Law Review Blog
Imagine a world where a king could compel the search of anybody, anywhere, and for anything. This world inspired James Madison to draft the Fourth Amendment, and is also a world we are returning to. The Fourth Amendment was created to protect against indiscriminate general warrants used in Georgian England, which subjected colonists to unrestricted invasions of privacy. Today, these general warrants come with a new name and in a new form: geofence warrants. Geofence warrants permit law enforcement to obtain the location data of every person that was in a specific geographic area where a crime occurred, in an …
Castle In The Cloud: Modernizing Constitutional Protections For Cloud-Stored Data On Mobile Devices, Mark Wilson
Castle In The Cloud: Modernizing Constitutional Protections For Cloud-Stored Data On Mobile Devices, Mark Wilson
Golden Gate University Law Review
This Comment argues that the current state of Fourth Amendment law vis-à-vis searching cloud-stored documents on a mobile device is untenable. Part I of this Comment defines cloud storage and cloud computing, and it provides background information on the Stored Communications Act (SCA). Part II discusses the intricacies of applying the SCA to computers and email, which is to date the best analog for applying the SCA to cloud computing. Part III details the legislative and judicial solutions to the problems raised by new technology and concludes that, while new legislation is the most desirable response, in the meantime courts …
The Road To Reason: Arizona V. Gant And The Search Incident To Arrest Doctrine, Myron Moskovitz
The Road To Reason: Arizona V. Gant And The Search Incident To Arrest Doctrine, Myron Moskovitz
Publications
No abstract provided.
A Rule In Search Of A Reason: An Empirical Reexamination Of Chimel And Belton, Myron Moskovitz
A Rule In Search Of A Reason: An Empirical Reexamination Of Chimel And Belton, Myron Moskovitz
Publications
No abstract provided.
A New Approach To The Fourth Amendment In Light Of Proposition Eight, Robert K. Calhoun
A New Approach To The Fourth Amendment In Light Of Proposition Eight, Robert K. Calhoun
Publications
The purpose of this article is quite simple. It confines itself to the area of search and seizure law and begins by assuming the worst-that the Court eventually rules that a federal standard applies to all such suppression issues. It then goes on to propose an argument which is intended to rescue as much of California's independent search and seizure law as is possible.
Probable Cause To Arrest And Admissibility Of Evidence, Bonnie Lee Martin
Probable Cause To Arrest And Admissibility Of Evidence, Bonnie Lee Martin
California Agencies
Following the decision in People v. Cahan, in April of 1955, California adopted as a judicially declared rule of evidence, that illegally obtained evidence would be inadmissible in a criminal proceeding. There are only a few general statutes governing the laws of arrest which aid the court and police officers in determining whether a given arrest is lawful and a search and seizure of evidence proper. 'l'hus it remained for judicial decisions to define and answer the problems which have arisen in this area. Since our digest systems are never quite current and since to my knowledge, these cases …