Open Access. Powered by Scholars. Published by Universities.®
Law Enforcement and Corrections Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (187)
- University of Michigan Law School (26)
- UIC School of Law (12)
- University of Oklahoma College of Law (7)
- Vanderbilt University Law School (7)
-
- American University Washington College of Law (6)
- University of Baltimore Law (6)
- Duke Law (4)
- University of Colorado Law School (4)
- Brooklyn Law School (3)
- Northwestern Pritzker School of Law (3)
- The Catholic University of America, Columbus School of Law (3)
- Brigham Young University Law School (2)
- Schulich School of Law, Dalhousie University (2)
- Universitas Indonesia (2)
- University of Maryland Francis King Carey School of Law (2)
- Washington and Lee University School of Law (2)
- City University of New York (CUNY) (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Georgia State University College of Law (1)
- Hamline University (1)
- Loyola University Chicago, School of Law (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Pace University (1)
- Roger Williams University (1)
- SJ Quinney College of Law, University of Utah (1)
- Keyword
-
- Privacy (30)
- Fourth Amendment (17)
- Police (17)
- Law (13)
- Technology (11)
-
- Searches (10)
- Surveillance (10)
- Fourth amendment (9)
- Law enforcement (9)
- Search and seizure (8)
- Data (7)
- SFFA (7)
- Search (7)
- Affirmative Action (6)
- ESG (6)
- Policing (6)
- Supreme Court (6)
- Artificial intelligence (5)
- Constitution (5)
- Diversity (5)
- Regulation (5)
- Securities and exchange commission (5)
- Seizure (5)
- Addiction (4)
- Big data (4)
- Criminal law (4)
- Criminal procedure (4)
- Disclosure (4)
- First Amendment (4)
- Public health (4)
- Publication Year
- Publication
-
- Seattle University Law Review (186)
- Michigan Law Review (16)
- UIC Law Review (8)
- University of Michigan Journal of Law Reform (6)
- Faculty Articles (5)
-
- Scholarly Articles in Law Reviews & Journals (5)
- University of Baltimore Law Review (5)
- Faculty Scholarship (4)
- Publications (4)
- UIC John Marshall Journal of Information Technology & Privacy Law (4)
- Vanderbilt Law School Faculty Publications (4)
- Articles (3)
- Catholic University Journal of Law and Technology (3)
- Duke Law & Technology Review (3)
- Northwestern University Law Review (3)
- BYU Law Review (2)
- Oklahoma Law Review (2)
- All Faculty Scholarship (1)
- American University Law Review (1)
- Articles & Chapters (1)
- Brooklyn Journal of Corporate, Financial & Commercial Law (1)
- Brooklyn Journal of International Law (1)
- Brooklyn Law Review (1)
- Canadian Journal of Law and Technology (1)
- Capstones (1)
- Cleveland State Law Review (1)
- Faculty Journal Articles and Book Chapters (1)
- Federal Communications Law Journal (1)
- Fordham Law Review (1)
- Georgia Journal of International & Comparative Law (1)
- Publication Type
Articles 241 - 270 of 303
Full-Text Articles in Law Enforcement and Corrections
Police Body Worn Cameras And Privacy: Retaining Benefits While Reducing Public Concerns, Richard Lin
Police Body Worn Cameras And Privacy: Retaining Benefits While Reducing Public Concerns, Richard Lin
Duke Law & Technology Review
Recent high-profile incidents of police misconduct have led to calls for increased police accountability. One proposed reform is to equip police officers with body worn cameras, which provide more reliable evidence than eyewitness accounts. However, such cameras may pose privacy concerns for individuals who are recorded, as the footage may fall under open records statutes that would require the footage to be released upon request. Furthermore, storage of video data is costly, and redaction of video for release is time-consuming. While exempting all body camera video from release would take care of privacy issues, it would also prevent the public …
Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen
Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen
Pace Law Review
Part I of this note discusses the Fourth Amendment’s protection against unreasonable search and seizures and its probable cause requirement. The Fourth Amendment’s text remains the same since its enactment. However, interpretation of the Fourth Amendment continues to evolve in order to stay current with society. Interpretation of the Fourth Amendment also varies based on state constitutional law since states can provide its citizens with greater protection than the United States Constitution. This is why the United States Supreme Court, federal district courts, and state courts have all undergone thorough Fourth Amendment analyses when applying the true meaning of the …
Riley V. California And The Stickiness Principle, Steven I. Friedland
Riley V. California And The Stickiness Principle, Steven I. Friedland
Duke Law & Technology Review
In Fourth Amendment decisions, different concepts, facts and assumptions about reality are often tethered together by vocabulary and fact, creating a ‘Stickiness Principle.’ In particular, form and function historically were considered indistinguishable, not as separate factors. For example, “containers” carried things, “watches” told time, and “phones” were used to make voice calls. Advancing technology, though, began to fracture this identity and the broader Stickiness Principle. In June 2014, Riley v. California and its companion case, United States v. Wurie, offered the Supreme Court an opportunity to begin untethering form and function and dismantling the Stickiness Principle. Riley presented the question …
Rise Of The Mosaic Theory: Implications For Cell Site Location Tracking By Law Enforcement, 32 J. Marshall J. Info. Tech. & Privacy L. 236 (2016), Lance Selva, William Shulman, Robert Rumsey
Rise Of The Mosaic Theory: Implications For Cell Site Location Tracking By Law Enforcement, 32 J. Marshall J. Info. Tech. & Privacy L. 236 (2016), Lance Selva, William Shulman, Robert Rumsey
UIC John Marshall Journal of Information Technology & Privacy Law
The authors examine the unique legal and privacy implications that cell site location information tracking by law enforcement poses for current Fourth Amendment jurisprudence. Following a brief explanation of how cell phone tracking works, their discussion is directed to the concept of privacy under the Fourth Amendment both prior to and following the seminal Supreme Court decision of Katz v. United States (1967), including a review of the Supreme Court’s historical treatment of tracking devices post-Katz. Consideration is then directed to the United States. v. Maynard (2010) decision, where the court employed the “mosaic” theory in a Fourth …
Rfid Implementation: Testing In Prisons And Parolees For The Greater Good, 33 J. Marshall J. Info. Tech. & Privacy L. 22 (2016), Mirko Akrap
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Faculty Articles
When it comes to criminal investigation, time travel is increasingly possible. Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records. And those big data records not only store our past, but thanks to data mining they are in many circumstances eerily good at predicting our future. So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond? How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology? Is it meaningfully different …
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson, Stephen E. Henderson
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson, Stephen E. Henderson
Faculty Articles
What is the constitutional significance of the proverbial “keep off the grass” sign? This question—asked by curmudgeonly neighbors everywhere—has been given new currency in a recent decision by the United States Supreme Court. Indeed, Florida v. Jardines might have bestowed constitutional curmudgeons with significant new Fourth Amendment protections. By expressing expectations regarding—and control over—access to property, “the people” may be able to claim greater Fourth Amendment protections not only for their homes, but also for their persons, papers, and effects. This article launches a constitutionally grounded, but lighthearted campaign of citizen education and empowerment: Fourth Amendment LAWn signs. With every …
Cyber Force: The International Legal Implications Of The Communication Security Establishment's Expanded Mandate Under Bill C-59, Leah West
Canadian Journal of Law and Technology
Canada is about to join the ranks of Russia, China, Iran, and North Korea; countries with a declared policy and authorized program of state-sponsored cyber attacks. In the summer of 2017, the Liberal Government introduced Bill C-59 An Act 2 Respecting National Security Matters. The bill, if passed, represents the most significant overhaul to Canadian national security institutions since the establishment of the Canadian Security Intelligence Service (CSIS) as a separate organization from the Royal Canadian Mounted Police (RCMP) in 1984. One component of this sweeping reform is the introduction of The Communications Security Establishment Act (CSE Act or the …
Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao
Catholic University Journal of Law and Technology
No abstract provided.
Trending @ Rwulaw: Professor Peter Margulies's Post: Cybersecurity: A 'Must-Know' For Lawyers And Citizens, Peter Margulies
Trending @ Rwulaw: Professor Peter Margulies's Post: Cybersecurity: A 'Must-Know' For Lawyers And Citizens, Peter Margulies
Law School Blogs
No abstract provided.
Spies In The Skies: Dirtboxes And Airplane Electronic Surveillance, Brian L. Owsley
Spies In The Skies: Dirtboxes And Airplane Electronic Surveillance, Brian L. Owsley
Michigan Law Review First Impressions
Electronic surveillance in the digital age is essentially a cat-and-mouse game between governmental agencies that are developing new techniques and technologies for surveillance, juxtaposed against privacy rights advocates who voice concerns about such technologies. In November 2014, there was a discovery of a new twist on a relatively old theme. Recently, the Wall Street Journal reported that the U.S. Marshals Service was running a surveillance program employing devices—dirtboxes—that gather all cell phone numbers in the surrounding area. Other federal agencies, including the Drug Enforcement Agency, Immigration and Custom Enforcement, and the Department of Homeland Security, are also documented to have …
The Privacies Of Life: Automatic License Plate Recognition Is Unconstitutional Under The Mosaic Theory Of Fourth Amendment Privacy Law, Jessica Gutierrez-Alm
The Privacies Of Life: Automatic License Plate Recognition Is Unconstitutional Under The Mosaic Theory Of Fourth Amendment Privacy Law, Jessica Gutierrez-Alm
Hamline Law Review
Abstract
Read, White, And Blue: Prosecutors Reading Inmate Emails And The Attorney-Client Privilege, 48 J. Marshall L. Rev. 1119 (2015), Danielle Burkhardt
Read, White, And Blue: Prosecutors Reading Inmate Emails And The Attorney-Client Privilege, 48 J. Marshall L. Rev. 1119 (2015), Danielle Burkhardt
UIC Law Review
This Comment addresses whether the attorney-client privilege should extend to emails exchanged between an inmate and his or her attorney over TRULINCS, the prison email system. Section II describes the history of the attorney-client privilege, and compares and contrasts the federal privilege with the New York state privilege in order to directly address Dr. Ahmed’s conflict. Section III juxtaposes other forms of privileged attorney-client contact with inmate emailing, and discusses the confidentiality agreement provided through the prison email system, TRULINCS. Finally, Section IV proposes a fiscally responsible, efficient, and convenient solution to the possible extension of the attorney-client privilege to …
State Labs Of Federalism And Law Enforcement 'Drone' Use, Chris Jenks
State Labs Of Federalism And Law Enforcement 'Drone' Use, Chris Jenks
Faculty Journal Articles and Book Chapters
This article reviews and assesses current state legislation regulating law enforcement use of unmanned aerial systems (UAS). The legislation runs the gamut of permissive to restrictive and even utilizes different terms for the same object of regulation, UAS. These laws are the confused and at times even contradictory extension of societal views about UAS. The article reviews the U.S. Supreme Court’s manned aircraft trilogy of cases, California v. Ciraolo, Florida v. Riley, and Dow Chemical v. U.S. and two significant technology based decisions, Kyllo v. U.S. and U.S. v. Jones, and applies them to current state efforts to regulate law …
The Un-Territoriality Of Data, Jennifer Daskal
The Un-Territoriality Of Data, Jennifer Daskal
Scholarly Articles in Law Reviews & Journals
Territoriality looms large in our jurisprudence, particularly as it relates to the government’s authority to search and seize. Fourth Amendment rights turn on whether the search or seizure takes place territorially or extraterritorially; the government’s surveillance authorities depend on whether the target is located within the United States or without; and courts’ warrant jurisdiction extends, with limited exceptions, only to the borders’ edge. Yet the rise of electronic data challenges territoriality at its core. Territoriality, after all, depends on the ability to define the relevant “here” and “there,” and it presumes that the “here” and “there” have normative significance. The …
Procreating From Prison: Evaluating British Prisoners' Right To Artificially Inseminate Their Wives Under The United Kingdom's New Human Rights Act And The 2001 Mellor Case, Pollybeth Proctor
Georgia Journal of International & Comparative Law
No abstract provided.
Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger
Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger
West Virginia Law Review
No abstract provided.
Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens
Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens
Seattle University Law Review
This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …
Walking A Thin Blue Line: Balancing The Citizen's Right To Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell
Walking A Thin Blue Line: Balancing The Citizen's Right To Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell
BYU Law Review
No abstract provided.
Community Control Over Camera Surveillance: A Response To Bennett Capers's "Crime, Surveillance, And Communities", Christopher Slobogin
Community Control Over Camera Surveillance: A Response To Bennett Capers's "Crime, Surveillance, And Communities", Christopher Slobogin
Vanderbilt Law School Faculty Publications
Professor Capers's article helps stimulate thinking about the way in which community views and individual rights interact. In my view, where police propose to conduct surveillance of groups, as occurs with camera surveillance (including the newly developing drone camera systems)', the affected group should be heavily involved in the authorization process. If the surveillance is authorized, care must be taken to ensure that all members of the group are equally affected by it unless and until individualized suspicion, proportionate to the intrusion, develops. That formula ensures that the interests of both the collective and the individual are protected.
The Politics Of Privacy In The Criminal Justice System: Information Disclosure, The Fourth Amendment, And Statutory Law Enforcement Exemptions, Erin Murphy
Michigan Law Review
When criminal justice scholars think of privacy, they think of the Fourth Amendment. But lately its domain has become far less absolute. The United States Code currently contains over twenty separate statutes that restrict both the acquisition and release of covered information. Largely enacted in the latter part of the twentieth century, these statutes address matters vital to modern existence. They control police access to driver's licenses, educational records, health histories, telephone calls, email messages, and even video rentals. They conform to no common template, but rather enlist a variety of procedural tools to serve as safeguards - ranging from …
The Field In Ireland In 2014, Tom Dunne
The Field In Ireland In 2014, Tom Dunne
Articles
Repossessions are an important part of recovery in the housing market
Research And Reality: Better Understanding The Debate Between Sequential And Simultaneous Photo Arrays, Frederick H. Bealefeld Iii
Research And Reality: Better Understanding The Debate Between Sequential And Simultaneous Photo Arrays, Frederick H. Bealefeld Iii
University of Baltimore Law Review
No abstract provided.
The Imperative Of Eyewitness Identification Reform And The Role Of Police Leadership, Rebecca Brown, Stephen Saloom
The Imperative Of Eyewitness Identification Reform And The Role Of Police Leadership, Rebecca Brown, Stephen Saloom
University of Baltimore Law Review
No abstract provided.
Indecent Exposure: Genes Are More Than A Brand Name Label In The Dna Database Debate, Jessica D. Gabel
Indecent Exposure: Genes Are More Than A Brand Name Label In The Dna Database Debate, Jessica D. Gabel
University of Baltimore Law Review
No abstract provided.
Why Dna Databasing Is Good For Maryland — A Dna Analyst's Perspective, Rana Santos
Why Dna Databasing Is Good For Maryland — A Dna Analyst's Perspective, Rana Santos
University of Baltimore Law Review
No abstract provided.
Location, Location, Location: Balancing Crime Fighting Needs And Privacy Rights, Nancy K. Oliver
Location, Location, Location: Balancing Crime Fighting Needs And Privacy Rights, Nancy K. Oliver
University of Baltimore Law Review
No abstract provided.
Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen
Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen
Faculty Articles
A paradigmatic aspect of a paradigmatic kind of right is that the rights holder is the only one who can alienate it. When individuals waive rights, the normative source of that waiving is normally taken to be the individual herself. This moral feature—immunity—is usually in the background of discussions about rights. We bring it into the foreground here, with specific attention to a recent U.S. Supreme Court decision, Kentucky v. King (2011), concerning search and seizure rights. An entailment of the Court’s decision is that, at least in some cases, a right can be removed by the intentional actions of …
Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard
Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard
Federal Communications Law Journal
Criminal use of the Internet to circumvent traditional government phone wiretaps has inspired the Obama Administration to create a proposal to expand the Communications Assistance to Law Enforcement Act ("CALEA"). CALEA was passed in 1994 to regulate telephone and broadband companies to ensure compliance with standards to enable government wiretapping. The proposed amendment of CALEA would allow the government to require all communications service providers to meet technical standards necessary to comply with a wiretap order. The expansion of CALEA would likely widen its scope to social networking sites, instant messaging, gaming consoles that allow conversation among multiple players, and …
Bringing Clarity To Administrative Search Doctrine: Distinguishing Dragnets From Special Subpopulation Searches, Eve Brensike Primus
Bringing Clarity To Administrative Search Doctrine: Distinguishing Dragnets From Special Subpopulation Searches, Eve Brensike Primus
Articles
Anyone who has been stopped at a sobriety checkpoint, screened at an international border, scanned by a metal detector at an airport or government building, or drug tested for public employment has been subjected to an administrative search or seizure. Searches of public school students, government employees, and probationers are characterized as administrative, as are business inspections and-increasingly-wiretaps and other searches used in the gathering of national security intelligence. In other words, the government conducts thousands of administrative searches every day. None of these searches requires either probable cause or a search warrant. Instead, courts evaluating administrative searches need only …