Fourth Amendment Commons^™

Textualist Reasoning And The Open Fields Doctrine: A Survey Of State-Constitutional Decisions, Ariel Krogue

BYU Law Review

State constitutions can, and often do, provide more extensive individual rights than the Federal Constitution affords. When this occurs, state courts frequently cite textual differences between the Federal Constitution and their own state constitutions to explain their departures from federal norms. But do textual differences between the Federal Constitution and state constitutions actually explain why some states offer more constitutional protection than the federal government does? When it comes to the Fourth Amendment’s open fields doctrine, the answer is no.

This Note provides a fifty-state survey of state-constitutional search and seizure provisions; it also identifies those states that have rejected …

Bill Of Rights Nondelegation, Eli Nachmany

BYU Law Review

Speculation about the “revival” of the nondelegation doctrine has reached a fever pitch. Although the Supreme Court apparently has not applied the nondelegation doctrine to declare a federal statute unconstitutional since 1935, the doctrine may be making a comeback. The common understanding is that the nondelegation doctrine prohibits Congress from “delegating” legislative power to the executive branch. While the nondelegation doctrine may appear to be about limiting Congress, its ultimate target is delegation. But if the nondelegation doctrine is about policing delegation, then the Court has been regularly — and rigorously — applying the doctrine in a different context: In …

The Tesla Meets The Fourth Amendment, Adam M. Gershowitz

BYU Law Review

Can police search a smart car’s computer without a warrant? Although the Supreme Court banned warrantless searches of cell phones incident to arrest in Riley v. California, the Court left the door open for warrantless searches under other exceptions to the warrant requirement. This is the first article to argue that the Fourth Amendment’s automobile exception currently permits the police to warrantlessly dig into a vehicle’s computer system and extract vast amounts of cell phone data. Just as the police can rip open seats or slash tires to search for drugs under the automobile exception, the police can warrantlessly extract …

Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire

BYU Law Review

In Samson v. California, the Supreme Court upheld warrantless, suspicionless searches for parolees. That determination was controversial both because suspicionless searches are, by definition, anathema to the Fourth Amendment, and because they arguably undermine parolees’ rehabilitation. Less attention has been given to the fact that the implications of the case were not limited to parolees. The opinion in Samson included half a sentence of dicta that seemingly swept probationers into its analysis, implicating the rights of millions of additional people in the United States. Not only is analogizing parolees and probationers not logically sound because the two groups differ in …

Quasi-Constitutional Protections And Government Surveillance, Emily Berman

BYU Law Review

The post-Edward Snowden debate over government surveillance has been vigorous. One aspect of that debate has been widespread criticism of the Foreign Intelligence Surveillance Court (FISC), alleging that the FISC served as a rubber stamp for the government, consistently accepting implausible interpretations of existing law that served to expand government surveillance authority; engaging in tortured analyses of statutory language; and ignoring fundamental Fourth Amendment principles. This Article argues that these critiques have entirely overlooked critical aspects of the FISC’s jurisprudence. A close look at that jurisprudence reveals a court that did, in fact, vigorously defend the interests customarily protected by …

Trespass And Deception, Laurent Sacharoff

BYU Law Review

Police routinely use deception to get into people’s homes without warrant or probable cause. They may pose as UPS delivery persons or homebuyers, or they may say they are looking for a kidnapping victim or a pedophile, when really they are looking for drugs or guns. Recent years have brought hundreds of reported decisions concerning such police ruses.

When the police lie about their identity or their purpose to enter a home, as when they pose as a homebuyer, the courts surprisingly, but routinely, approve these deceptions under the Fourth Amendment. Such intrusions, the courts reason, do not violate a …

Swearing By New Technology: Strengthening The Fourth Amendment By Utilizing Modern Warrant Technology While Satisfying The Oath Or Affirmation Clause, Andrew H. Bean

BYU Law Review

No abstract provided.

An Unreasonable Expectation? Warrantless Searches Of Cell Phones, Michael V. Hinckley

BYU Law Review

No abstract provided.

Is Big Brother Watching You? United States V. Pineda-Moreno And The Ninth Circuit’S Dismantling Of The Fourth Amendment’S Protections, Phillip R. Sumpter

BYU Law Review

No abstract provided.

Tase Me One More Time: An Analysis Of The Ninth Circuit’S Interpretation Of The Fourth Amendment, Qualified Immunity, And Tasers In Brooks V. City Of Seattle, Joseph G. Walker

BYU Law Review

No abstract provided.

Bombed Away: How The Second Circuit Destroyed Fourth Amendment Rights Of U.S. Citizens Abroad, Carla Crandall

BYU Law Review

No abstract provided.

"Move On" Orders As Fourth Amendment Seizures, Stephen E. Henderson

BYU Law Review

No abstract provided.

Excluding The Exclusionary Rule: Extending The Rationale Of Hudson V. Michigan To Evidence Seized During Unauthorized Nighttime Searches, Jeffiy R. Gittins

BYU Law Review

No abstract provided.

Square Pegs, Round Hole: The Fourth Amendment And Preflight Searches Of Airline Passengers In A Post-9/11 World, Steven R. Minert

BYU Law Review

No abstract provided.

Warrantless Home Arrests And Police Liability Under Utah Law, Matthew Bell

BYU Law Review

No abstract provided.

Don't Rush To Abandon A Suspicion-Based Standard For Searches Of Public School Students, J. Nathan Jensen

BYU Law Review

No abstract provided.

United States V. Hotal: Determining The Role Of Conditions Precedent In The Constitutionality Of Anticipatory Warrants, Brett R. Hamm

BYU Law Review

No abstract provided.

Third-Party Consent Under The United States And Utah Constitutions: Should Utah Adopt The Federal Standard?, S. Matthew Cook

BYU Law Review

No abstract provided.

An Alternative Approach To The Fourth Amendment In Public Schools: Balancing Students' Rights With School Safety, J. Chad Mitchell

BYU Law Review

No abstract provided.

Alien Membership In The Constitutional Compact: Fourth Amendment Reasonableness In Foreign Lands-United States V. Verdugo-Urquidez, Stephen L. Lundwall

BYU Law Review

No abstract provided.

"Drug Testing Of Government Employees Should Not Be A Matter Of Fourth Amendment Concern" Cries A Lone Voice In A Wilderness Of Opposition, Ronald W. Truman

BYU Law Review

No abstract provided.

The Incorporation Doctrine And Procedural Due Process Under The Fourteenth Amendment: An Overview, Robert L. Cord

BYU Law Review

No abstract provided.

Closing The "Open Fields" Question: Oliver V. United States, Brian K. Jorgensen

BYU Law Review

No abstract provided.

Fourth Amendment Search And Seizure Requirements As Applied To Sniffing Investigations By Police Dogs: People V. Mayberry, Steven M. Bradford

BYU Law Review

No abstract provided.

Constitutional Law-Fourth Amendment-Immigration Checkpoint Stops For Questioning Are Reasonable Without Individualized Suspicion-United States V. Martinez-Fuerte, Russell A. Hakes

BYU Law Review

No abstract provided.