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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 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, Andrew Ferguson 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, Jennifer Daskal 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, Janet Ainsworth 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, Matthew Tokson 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, Cristina Del Rosso, Carol M. Bast 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, Jackson Jones 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, Kit Kinports 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, Mike Petridis 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, Johanna Sanchez 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, Itohen Ihaza 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, Luke Belflower 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, David Stone 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, Sam Kamin, Zachary Shiffler 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, Shane Gallant 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, Ayesha B. Hardaway 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, Latasha M. James 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, Katelyn James 2020 New York Law School

United States V. Touset, Katelyn James

NYLS Law Review

No abstract provided.


The Sacred Fourth Amendment Text, Christopher Slobogin 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, Margot Kaminski 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.


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