The Sativas And Indicas Of Proof: Why The Smell Of Marijuana Should Not Establish Probable Cause For A Warrantless Vehicle Search In Illinois, 53 Uic J. Marshall L. Rev. 187 (2020),
2020
UIC School of Law
The Sativas And Indicas Of Proof: Why The Smell Of Marijuana Should Not Establish Probable Cause For A Warrantless Vehicle Search In Illinois, 53 Uic J. Marshall L. Rev. 187 (2020), Cece White
UIC Law Review
No abstract provided.
Big Data Prosecution And Brady,
2020
American University Washington College of Law
Big Data Prosecution And Brady, Andrew Ferguson
Scholarly Articles in Law Reviews & Journals
Prosecutors are joining the big data revolution, adopting “intelligence-driven” strategies to target crime patterns. Centralized big data systems now track offenders, places, and groups allowing prosecutors to link crimes by time, place, associations, or other connections. Adding to these types of formalized, structured databases are growing sources of raw, unstructured big data from digital surveillance technologies like video cameras, police body cameras, and automated license plate readers. The prosecutors of the future will sit on a wealth of valuable investigative insights – all searchable and potentially relevant for a more aggressive and proactive investigation strategy.But as helpful as these new …
Transnational Government Hacking,
2020
American University Washington College of Law
Transnational Government Hacking, Jennifer Daskal
Scholarly Articles in Law Reviews & Journals
No abstract provided.
In Memory Of Professor James E. Bond,
2020
Seattle University School of Law
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
42nd Annual Foulston-Siefkin Lecture: The Next Wave Of Fourth Amendment Challenges After Carpenter,
2020
S.J. Quinney College of Law, University of Utah
42nd Annual Foulston-Siefkin Lecture: The Next Wave Of Fourth Amendment Challenges After Carpenter, Matthew Tokson
Utah Law Faculty Scholarship
This is an edited and adapted version of the 42nd Annual Foulston Siefkin Lecture, delivered at Washburn University School of Law.
The lecture discusses the future of Fourth Amendment law following the Supreme Court’s enormously important decision in Carpenter v. United States. It analyzes Carpenter and argues that its detailed account of the privacy harms caused by government surveillance will be its most important legacy. Moreover, the Court’s emphasis on the risk of privacy harm is not a one-off or a sharp break from previous practice. Carpenter is consistent with a long line of Supreme Court decisions ignoring or reshaping …
Protecting Online Privacy In The Digital Age: Carpenter V. United States And The Fourth Amendment’S Third-Party Doctrine,
2020
University of Central Florida
Protecting Online Privacy In The Digital Age: Carpenter V. United States And The Fourth Amendment’S Third-Party Doctrine, Cristina Del Rosso, Carol M. Bast
Catholic University Journal of Law and Technology
The goal of this paper is to examine the future of the third-party doctrine with the proliferation of technology and the online data we are surrounded with daily, specifically after the Supreme Court’s decision in Carpenter v. United States. It is imperative that individuals do not forfeit their Constitutional guarantees for the benefit of living in a technologically advanced society. This requires an understanding of the modern-day functional equivalents of “papers” and “effects.”
Looking to the future, this paper contemplates solutions on how to move forward in this technology era by scrutinizing the relevancy of the third-party doctrine due …
Whether Narcotics Discovered In A Trash Pull, Standing Alone, Can Form Probable Cause To Search A Home,
2020
University of Arkansas Little Rock
Whether Narcotics Discovered In A Trash Pull, Standing Alone, Can Form Probable Cause To Search A Home, Jackson Jones
University of Arkansas at Little Rock Law Review
No abstract provided.
The Origins And Legacy Of The Fourth Amendment Reasonableness Balancing Model,
2020
Penn State Law, University Park
The Origins And Legacy Of The Fourth Amendment Reasonableness Balancing Model, Kit Kinports
Faculty Scholarship
The overwhelming majority of the Supreme Court’s Fourth Amendment cases over the past fifty years have been resolved using a warrant presumption model, which determines the constitutionality of a search or seizure by asking whether law enforcement officials had probable cause and a warrant, or some exception to those requirements. But three decisions, beginning in 2001, mysteriously deviated from that approach and applied a reasonableness balancing model, upholding the searches in those cases after considering the totality of the circumstances and weighing the competing government interests against the defendant’s privacy interests. This balancing approach has justifiably been criticized as amorphous, …
In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology,
2020
Touro Law Center
In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis
Touro Law Review
No abstract provided.
A New Era: Digital Curtilage And Alexa-Enabled Smart Home Devices,
2020
Touro Law Center
A New Era: Digital Curtilage And Alexa-Enabled Smart Home Devices, Johanna Sanchez
Touro Law Review
No abstract provided.
Police Brutality And State-Sanctioned Violence In 21st Century America,
2020
Touro Law Center
Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Purpose Paradox: A Linguistic Dilemma Within Fourth Amendment Jurisprudence,
2020
Mitchell Hamline School of Law
The Purpose Paradox: A Linguistic Dilemma Within Fourth Amendment Jurisprudence, Luke Belflower
Mitchell Hamline Law Review
No abstract provided.
Saving America’S Privacy Rights: Why Carpenter V. United States Was Wrongly Decided And Why Courts Should Be Promoting Legislative Reform Rather Than Extending Existing Privacy Jurisprudence,
2020
St. Mary's University School of Law
Saving America’S Privacy Rights: Why Carpenter V. United States Was Wrongly Decided And Why Courts Should Be Promoting Legislative Reform Rather Than Extending Existing Privacy Jurisprudence, David Stone
St. Mary's Law Journal
Privacy rights are under assault, but the Supreme Court’s judicial intervention into the issue, starting with Katz v. United States and leading to the Carpenter v. United States decision has created an inconsistent, piecemeal common law of privacy that forestalls a systematic public policy resolution by Congress and the states. In order to reach a satisfactory and longlasting resolution of the problem consistent with separation of powers principles, the states should consider a constitutional amendment that reduces the danger of pervasive technologyaided surveillance and monitoring, together with a series of statutes addressing each new issue posed by technological change as …
Obvious But Not Clear: The Right To Refuse To Cooperate With The Police During A Terry Stop,
2020
University of Denver
Obvious But Not Clear: The Right To Refuse To Cooperate With The Police During A Terry Stop, Sam Kamin, Zachary Shiffler
American University Law Review
No abstract provided.
The Old Bailment Doctrine: The Answer To Fourth Amendment Jurisprudence In The Digital Age,
2020
Candidate for Juris Doctor, Roger Williams University School of Law,2020
The Old Bailment Doctrine: The Answer To Fourth Amendment Jurisprudence In The Digital Age, Shane Gallant
Roger Williams University Law Review
No abstract provided.
The Supreme Court And The Illegitimacy Of Lawless Fourth Amendment Policing,
2020
Case Western University School of Law
The Supreme Court And The Illegitimacy Of Lawless Fourth Amendment Policing, Ayesha B. Hardaway
Faculty Publications
For more than half a century, documented police brutality has affected communities of color and the American legal system has largely failed to address it. Beginning with Rizzo v. Goode, Supreme Court decisions have allowed local police departments nearly unlimited discretion in their policies and practices. That decision and others demonstrate that the Supreme Court is misaligned with governmental initiated reforms. The Violent Crime Control and Law Enforcement Act of 1994, which allows the U.S. Attorney General and the U.S. Department of Justice (“DOJ”) to investigate law enforcement agencies’ practices and seek injunctive relief against agencies found to have engaged …
Excessive Force: A Feasible Proximate Cause Approach,
2020
University of Richmond School of Law
Excessive Force: A Feasible Proximate Cause Approach, Latasha M. James
University of Richmond Law Review
Through an analysis of the statutory and case law surrounding the use of excessive force, this Comment will review how differentiating applications of the law have led to varying and sometimes unjust results. Jurisdictions differ regarding what pre-shooting conduct can be considered, what the “objective reasonableness” standard encompasses, and how tort law should impact this analysis. Therefore, this Comment works to provide a framework for the consistent application of the objective reasonableness standard. Part I reviews the proscribed levels of force, noting when the use of force becomes excessive, and discusses the tort concept of proximate cause and how the …
United States V. Touset,
2020
New York Law School
The Sacred Fourth Amendment Text,
2020
Vanderbilt University Law School
The Sacred Fourth Amendment Text, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The Supreme Court's jurisprudence governing the Fourth Amendment's "threshold"--a word meant to refer to the types of police actions that trigger the amendment's warrant and reasonableness requirements--has confounded scholars and students alike since Katz v. United States. Before that 1967 decision, the Court's decisions on the topic were fairly straightforward, based primarily on whether the police trespassed on the target's property or property over which the target had control. After that decision-which has come to stand for the proposition that a Fourth Amendment search occurs if police infringe an expectation of privacy that society is prepared to recognize as reasonable--scholars …
A Recent Renaissance In Privacy Law,
2020
University of Colorado Law School
A Recent Renaissance In Privacy Law, Margot Kaminski
Publications
Considering the recent increased attention to privacy law issues amid the typically slow pace of legal change.
