Fourth Amendment Commons^™

United States V. Langford, Amy Garzon

NYLS Law Review

No abstract provided.

United States V. Irving, Jared Spitalnick

NYLS Law Review

No abstract provided.

Consent Engendered: A Feminist Critique Of Consensual Fourth Amendment Searches, Dana Raigrodski

Articles

As I will argue, the Court's consent-to-search cases are driven by this patriarchal ideology to maintain social structures of power disparities and to perpetuate the subordination of women, minorities, and other disempowered members of society.

We need to acknowledge the power and submission paradigm that underlies police-citizen encounters and to scrutinize the entire notion of consent. In order to confront both power and consent, I will turn to feminist critique of consent, particularly in the area of rape, and to feminist writings about choice and agency. Based on these writings I will argue that by distinguishing coerced consent to a …

Protecting The Citizen Whilst He Is Quiet: Suspicionless Searches, Special Needs And General Warrants, Scott E. Sundby

Articles

No abstract provided.

Pretextual Use Of Search Warrants In Federal White Collar Criminal Investigations Of Legitimate Businesses To Conduct Custodial Interrogations Of Targets, Employees, And Occupants: Can They Really Do That?, Patrick R. James, Matthew R. House

University of Arkansas at Little Rock Law Review

No abstract provided.

Unconstitutional Police Searches And Collective Responsibility, Bernard E. Harcourt

Faculty Scholarship

Then the police officer told the suspect, without just cause, "I bet you are hiding [drugs] under your balls. If you have drugs under your balls, I am going to fuck your balls up."

Jon Gould and Stephen Mastrofski document astonishingly high rates of unconstitutional police searches in their groundbreaking article, "Suspect Searches: Assessing Police Behavior Under the U.S. Constitution." By their conservative estimate, 30% of the 115 police searches they studied – searches that were conducted by officers in a department ranked in the top 20% nationwide, that were systematically observed by trained field observers, and that were coded …

Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar

Federal Communications Law Journal

Last year, the State of Wisconsin passed legislation which would require statechartered public broadcasting television networks to carry political advertising for candidates free of charge. In this article, Andrew Cotlar raises many concerns about the wisdom of such legislation and the impact this trend may have on public broadcasters throughout the nation. The author begins by analyzing the current position of the law on political access requirements, at both federal and state levels, and then argues that the public television stations should continue to be free to exercise substantial editorial discretion. The Article proceeds to critique the Wisconsin statute as …

Criminal Law, Marla Graff Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

Applying Pen Register And Trap And Trace Devices To Internet Communications, Rich Haglund

Vanderbilt Journal of Entertainment & Technology Law

This note will explain how the different surveillance methods work: wire taps, pen register and trap and trace devices. It will outline the development of case law and legislation defining what constitutes unlawful searches and seizures involving electronic communications. After explaining how email and internet addresses are collected (and whether the FBI's tool for collection works within the bounds set by the law), this note will discuss the provisions of the Patriot Act that regulate collection of that information. This note will show, using the application of pen register and trap and trace devices to the Internet as an example, …

Thermal Imaging And The Fourth Amendment: The Role Of The Katz Test In The Aftermath Of Kyllo V. United States, Gregory Gomez

NYLS Law Review

No abstract provided.

Criminal Procedure: Searching High And Low For A Search In Kyllo: Justice Scalia Reaffirms Core Protections Of The Fourth Amendment, Scott Byrd

Oklahoma Law Review

No abstract provided.

Cultural Context Matters: Terry's "Seesaw Effect", Frank Rudy Cooper

Oklahoma Law Review

No abstract provided.

Dna Identification Databases: Legality, Legitimacy, And The Case For Population-Wide Coverage, David H. Kaye, Michael E. Smith

Faculty Scholarship

Over the past decade, law enforcement authorities have amassed huge collections of DNA samples and the identifying profiles derived from them. Large DNA databanks routinely help to identify the guilty and to exonerate the innocent, but as the databanks grow, so do fears about civil liberties. Perhaps the most controversial policy issue in the creation of these databases is the question of coverage: Whose DNA profiles should be stored in them? The possibilities extend from convicted violent sex offenders to all convicted felons, to everyone arrested, to the entire population. This Article questions the rationales for drawing the line at …

Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard

University of Richmond Law Review

No abstract provided.

Press One For Warrant: Reinventing The Fourth Amendment's Search Warrant Requirement Through Electronic Procedures, Justin H. Smith

Vanderbilt Law Review

Numerous rulings by the Supreme Court have confirmed the long-held assertion that the Fourth Amendment's warrant requirement is a "centerpiece for the law of search and seizure, and that prescreening by neutral and detached magistrates is [at] the heart of citizens' protection against police overreaching." On September 21, 1994, however, these assertions proved inaccurate and painfully hollow for Betty Ingram, a fifty-three-year-old diabetic who awoke to the sound of armed police officers charging through her front door. The officers, who were searching for a suspect involved in a buy- and-bust operation, had neither obtained a search warrant nor knocked and …

Street Legal: The Court Affords Police Constitutional Carte Blanche To Arrest, Wayne A. Logan

Scholarly Publications

This article discusses the Supreme Court's landmark 2001 decision Atwater v. City of Lago Vista, upholding the authority of police to execute warrantless arrests for menial offenses (there, failure to wear a seatbelt) so long as police have probable cause to support such arrests.

Criminal Procedure: Atwater V. City Of Lago Vista: The Due Process Dilemma Of Fourth Amendment Seizures For Traffic Violations, Amy J. Nelson

Oklahoma Law Review

No abstract provided.

The Magic Lantern Revealed: A Report Of The Fbi's New Key Logging Trojan And Analysis Of Its Possible Treatment In A Dynamic Legal Landscape, Woodrow Hartzog

Faculty Scholarship

Magic Lantern presents several difficult legal questions that are left unanswered due to new or non-existent statutes and case law directly pertaining to the unique situation that Magic Lantern creates. ²⁵ The first concern is statutory. It is unclear what laws, if any, will apply when Magic Lantern is put into use.²⁶ The recent terrorist attacks in the United States have brought the need for information as a matter of national security to the forefront. Congress recently passed legislation (i.e. USA PATRIOT Act) ²⁷ that dramatically modifies current surveillance law, thus further complicating the untested waters of a …

An Empirically Based Comparison Of American And European Regulatory Approaches To Police Investigation, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article takes a comparative and empirical look at two of the most significant methods of police investigation: searches for and seizures of tangible evidence and interrogation of suspects. It first compares American doctrine regulating these investigative tools with the analogous rules predominant in Europe (specifically, England, France and Germany). It then discusses research on the American system that sheds light on the relative advantages and disadvantages of the two regulatory systems. More often than not, the existing data call into question preconceived notions of what "works." In particular, American reverence for search warrants, the exclusionary rule, and "Miranda" warnings …

An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan

Scholarly Publications

Compared to Fourth Amendment jurisprudence more generally, with its well-earned reputation for complexity and variability, the search incident to arrest exception to the Amendment's warrant requirement would appear an oasis of consistency. The exception affords police an unqualified right to search anyone they arrest, without first obtaining a search warrant from a neutral judicial official. This right extends to the bodies of all arrestees, their area of "immediate control," and, if driving a car, the interior of the car and any containers located therein

Criminal Procedure: Tenth Circuit Erroneously Allows Officers' Intentions To Define Reasonable Searches: United States V. Carey, Jim Dowell

Oklahoma Law Review

No abstract provided.

What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller

Journal Articles

The power of privacy is diminishing in the prison setting, and yet privacy is the legal theory prisoners rely upon most to resist searches by correctional officers. Incarcerated women in particular rely upon privacy to shield them from the kind of physical contact that male guards have been known to abuse. The kind of privacy that protects prisoners from searches by guards of the opposite sex derives from several sources, depending on the factual circumstances. Although some form of bodily privacy is embodied in the First, Fourth, Eighth, and Fourteenth Amendments, prisoners challenging the constitutionality of cross-gender searches most commonly …

Dna Typing: Emerging Or Neglected Issues, David H. Kaye, Edward J. Imwinkelried

Faculty Scholarship

DNA typing has had a major impact on the criminal justice system. There are hundreds of opinions and thousands of cases dealing with DNA evidence. Yet, at virtually every stage of the process, there are important issues that are just emerging or that have been neglected.

At the investigative stage, courts have barely begun to focus on the legal limitations on the power of the police to obtain samples directly from suspects and to use the data from DNA samples in various ways. Issues such as the propriety of "DNA dragnets" (in which large numbers of individuals in a geographic …

Urine Trouble! Extending Constitutionality To Mandatory Suspicionless Drug Testing Of Students In Extracurricular Activities, James M. Mccray

Vanderbilt Law Review

The United States makes clear its reverence for education by demanding that its children attend school.' What is less clear, how- ever, is the nation's dedication to each student's constitutional rights. From the earliest days of the common law, public school students have lacked fundamental rights, even the right of liberty in its narrowest sense.' Although public students retain certain constitutional rights,' the public school system maintains an elevated power over its students." This power is like that of a parent,' including the duty to "inculcate the habits and manners of civility" into its students.' The public school's control over …

Case Notes: State V. Jackson: Warning - Roadblock Ahead! Louisiana Creates Log Jam Of Search And Seizure Analysis, Marc L. Roark

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Criminal Procedure: The Fourth Amendment Collides With The Problem Of Child Pornography And The Internet, Amy E. Wells

Oklahoma Law Review

No abstract provided.

Oklahoma Constitutional Law: The Future Of The Fourth Amendment In Oklahoma High Schools, Melinda Wyatt Gilliam

Oklahoma Law Review

No abstract provided.

Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller

Journal Articles

In prison, surveillance is power and power is sexualized. Sex and surveillance, therefore, are profoundly linked. Whereas numerous penal scholars from Bentham to Foucault have theorized the force inherent in the visual monitoring of prisoners, the sexualization of power and the relationship between sex and surveillance is more academically obscure. This article criticizes the failure of federal courts to consider the strong and complex relationship between sex and surveillance in analyzing the constitutionality of prison searches, specifically, cross-gender searches.

The analysis proceeds in four parts. Part One introduces the issues posed by sex and surveillance. Part Two describes the sexually …

Computer Searches And Seizure, Donald Resseguie

Cleveland State Law Review

This note will discuss legal issues related to search and seizure of computers and define the trend that the law is taking in the emerging area of inquiry. Personal privacy protection will be adequate regarding computer searches and seizures only if the courts properly balance the government's interests in bringing criminals to justice against citizens' interests against overly broad inquiries into the personal affairs. Section II provides a limited general discussion of constitutional limitations on search and seizure. Section III will discuss search and seizure of computers in the context of the "plain view" doctrine as an exception to the …