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Articles 61 - 65 of 65
Full-Text Articles in Privacy Law
Peeping Techno-Toms And The Fourth Amendment: Seeing Through Kyllo's Rules Governing Technological Surveillance, Christopher Slobogin
Peeping Techno-Toms And The Fourth Amendment: Seeing Through Kyllo's Rules Governing Technological Surveillance, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article suggests that the Supreme Court's decision in Kyllo v. United States may not be as protective of the home as it first appears. Kyllo held that use of a thermal imager to detect heat sources inside the home is a fourth amendment search, requiring a warrant and probable cause. But it also held that use of technology that is in "general public use" or that only discovers what a naked eye observer could see from a public vantage point is not a search, even when the location viewed is the interior of the home. This article shows that …
Public Privacy: Camera Surveillance Of Public Places And The Right To Anonymity, Christopher Slobogin
Public Privacy: Camera Surveillance Of Public Places And The Right To Anonymity, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Government-sponsored camera surveillance of public streets and other public places is pervasive in the United Kingdom and is increasingly popular in American urban centers, especially in the wake of 9/11. Yet legal regulation of this surveillance is virtually non-existent, in part because the Supreme Court has signalled that we have no reasonable expectation of privacy in public places. This article, written for a symposium on the intersection of the Fourth Amendment and technology, contests that stance, at the same time it questions whether the traditional, "probable-cause-forever" view of Fourth Amendment protections makes sense in this technological age. Based on an …
The Securing Of The Premises Exception: A Search For The Proper Balance, Adam K. Peck
The Securing Of The Premises Exception: A Search For The Proper Balance, Adam K. Peck
Vanderbilt Law Review
This Recent Development argues that although an opinion endorsed by only two justices is not binding precedent, this portion of Segura represents an undesirable departure from the strict protections traditionally afforded a person's privacy interest in the home and leaves lower courts confused about the constitutional limitations on seizures in the home. Part II examines prior Supreme Court opinions that have defined the parameters of permissible warrantless searches and seizures. Part III explores the circuit court opinions that have developed a "securing of the premises"exception. Part IV describes Chief Justice Burger's analysis in Segura. Part V argues that the Chief …
Pen Registers After Smith V. Maryland, John S. Applegate, Amy Applegate
Pen Registers After Smith V. Maryland, John S. Applegate, Amy Applegate
Articles by Maurer Faculty
No abstract provided.
Toward A Right Of Privacy As A Matter Of State Constitutional Law, Gerald B. Cope, Jr.
Toward A Right Of Privacy As A Matter Of State Constitutional Law, Gerald B. Cope, Jr.
Florida State University Law Review
No abstract provided.