Fourth Amendment Commons^™

Down To The Wire: Assessing The Constitutionality Of The National Security Agency's Warrantless Wiretapping Program: Exit The Rule Of Law, Fletcher N. Baldwin Jr., Robert B. Shaw

UF Law Faculty Publications

The article discusses the constitutionality of warrantless wiretapping surveillance by the National Security Agency (NSA) on U.S. citizens. The wiretapping program existed weeks after the September 11, 2001 attacks, on the justification that Congress authorized the president to wiretap U.S. citizens without a warrant, and that the president had inherent authority as commander-in-chief. But it is argued that Congress did not expressly authorize the president to conduct warrantless wiretapping and that he does not have such inherent authority.

We intend this Article to be a commentary on the constitutionality of the NSA wiretapping program solely as it relates to the …

The Pringle Case's New Notion Of Probable Cause: An Assault On Di Re And The Fourth Amendment, Tracey Maclin

UF Law Faculty Publications

No abstract provided.

"Voluntary" Interviews And Airport Searchers Of Middle Eastern Men: The Fourth Amendment In A Time Of Terror, Tracey Maclin

UF Law Faculty Publications

No abstract provided.

Katz, Kyllo, And Technology: Virtual Fourth Amendment Protection In The Twenty-First Century, Tracey Maclin

UF Law Faculty Publications

No abstract provided.

Let Sleeping Dogs Lie: Why The Supreme Court Should Leave Fourth Amendment History Unabridged, Tracey Maclin

UF Law Faculty Publications

No abstract provided.

What Can Fourth Amendment Doctrine Learn From Vagueness Doctrine, Tracey Maclin

UF Law Faculty Publications

No abstract provided.

Race And The Fourth Amendment, Tracey Maclin

UF Law Faculty Publications

In Whren v. United States, the Supreme Court held that pretextual traffic stops do not raise Fourth Amendment concerns. In this Article, Professor Maclin contends that by requiring only probable cause of a traffic offense to justify pretextual seizures, the Court mistakenly ignores racial impact when marking the protective boundaries of the Fourth Amendment. Professor Maclin argues that race matters when measuring the dynamics and legitimacy of certain police-citizen encounters. Pretextual traffic stops unreasonably use racial targeting, therefore, the Court should make racial impact a factor in determining the constitutionality of the pretextual seizure. Professor Maclin begins by examining objective, …

Terry V. Ohio's Fourth Amendment Legacy: Black Men And Police Discretion, Tracey Maclin

UF Law Faculty Publications

No abstract provided.

The Complexity Of The Fourth Amendment: A Historical Review, Tracey Maclin

UF Law Faculty Publications

No abstract provided.

Informants And The Fourth Amendment: A Reconsideration, Tracey Maclin

UF Law Faculty Publications

This Article argues that the Court's current interpretation of the Fourth Amendment, which sanctions the government's authority to insert secret spies and informants into our lives, is misguided. Part I highlights the historical background of the Fourth Amendment to show why its procedural safeguards are relevant when considering whether the government should be free of constitutional restraint when deploying informants and spies in our homes and offices. Part II will explain and critique the Court's cases on informants. Part III contends that the Court's doctrine on informants rests on a fallacious conception of privacy. As an alternative to the current …

When The Cure For The Fourth Amendment Is Worse Than The Disease, Tracey Maclin

UF Law Faculty Publications

No abstract provided.

The Central Meaning Of The Fourth Amendment, Tracey Maclin

UF Law Faculty Publications

No abstract provided.

"Black And Blue Encounters" Some Preliminary Thoughts About Fourth Amendment Seizures: Should Race Matter?, Tracey Maclin

UF Law Faculty Publications

No abstract provided.