Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Privacy (3)
- Fourth Amendment (2)
- Police (2)
- Search and seizure (2)
- Searches (2)
-
- Technology (2)
- United States Supreme Court (2)
- Warrants (2)
- Administrative searches (1)
- Arbitrary nature (1)
- Carpenter v. United States (1)
- Cell phones (1)
- Checkpoints (1)
- Cloud computing (1)
- Data (1)
- Dragnets (1)
- Government surveillance (1)
- History (1)
- Housing (1)
- Katz (1)
- Location (1)
- Probable cause (1)
- Property (1)
- Real estate (1)
- Reasonable nature (1)
- Repossessions (1)
- Search incident to valid arrest (1)
- Search warrants (1)
- Seizures (1)
- Smith v. Maryland (1)
Articles 1 - 5 of 5
Full-Text Articles in Privacy Law
Location Tracking And Digital Data: Can Carpenter Build A Stable Privacy Doctrine?, Evan H. Caminker
Location Tracking And Digital Data: Can Carpenter Build A Stable Privacy Doctrine?, Evan H. Caminker
Articles
In Carpenter v United States, the Supreme Court struggled to modernize twentieth-century search and seizure precedents for the “Cyber Age.” Twice previously this decade the Court had tweaked Fourth Amendment doctrine to keep pace with advancing technology, requiring a search warrant before the government can either peruse the contents of a cell phone seized incident to arrest or use a GPS tracker to follow a car’s long-term movements.
Riley V. California And The Beginning Of The End For The Third-Party Search Doctrine, David A. Harris
Riley V. California And The Beginning Of The End For The Third-Party Search Doctrine, David A. Harris
Articles
In Riley v. California, the Supreme Court decided that when police officers seize a smart phone, they may not search through its contents -- the data found by looking into the call records, calendars, pictures and so forth in the phone -- without a warrant. In the course of the decision, the Court said that the rule applied not just to data that was physically stored on the device, but also to data stored "in the cloud" -- in remote sites -- but accessed through the device. This piece of the decision may, at last, allow a re-examination of …
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
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 …
Political Surveillance And The Fourth Amendment, Alan Meisel
Political Surveillance And The Fourth Amendment, Alan Meisel
Articles
The United States District Court case has left the scope of the warrant protection of the fourth amendment considerably clearer and broader. The door left ajar in Katz has been firmly fastened shut by the Court leaving only the traditional exceptions to the warrant requirement, which are based upon practical necessity, and the still unconfronted question of the power of the executive to conduct warrantless surveillances of foreign agents in national security cases." It is also clear that courts are no less competent to evaluate the appropriateness of a search and seizure in an internal security case than in a …