Procedural Due Process Claims,
2016
Touro University Jacob D. Fuchsberg Law Center
Procedural Due Process Claims, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions,
2016
Touro University Jacob D. Fuchsberg Law Center
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Touro Law Review
No abstract provided.
Unilateral Invasions Of Privacy,
2016
University of New Hampshire School of Law
Unilateral Invasions Of Privacy, Roger Allan Ford
Law Faculty Scholarship
Most people seem to agree that individuals have too little privacy, and most proposals to address that problem focus on ways to give those users more information about, and more control over, how information about them is used. Yet in nearly all cases, information subjects are not the parties who make decisions about how information is collected, used, and disseminated; instead, outsiders make unilateral decisions to collect, use, and disseminate information about others. These potential privacy invaders, acting without input from information subjects, are the parties to whom proposals to protect privacy must be directed. This Article develops a theory …
Constitutional Law—Fourth Amendment And Seizures— Accidental Seizures By Deadly Force: Who Is Seized During A Police Shootout? Plumhoff V. Rickard, 134 S. Ct. 2012 (2014).,
2016
University of Arkansas Little Rock
Constitutional Law—Fourth Amendment And Seizures— Accidental Seizures By Deadly Force: Who Is Seized During A Police Shootout? Plumhoff V. Rickard, 134 S. Ct. 2012 (2014)., Adam D. Franks
University of Arkansas at Little Rock Law Review
No abstract provided.
The Post-Riley Search Warrant: Search Protocols And Particularity In Cell Phone Searches,
2016
William & Mary Law School
The Post-Riley Search Warrant: Search Protocols And Particularity In Cell Phone Searches, Adam M. Gershowitz
Faculty Publications
Last year, in Riley v. California, the Supreme Court required police to procure a warrant before searching a cell phone. Unfortunately, the Court’s assumption that requiring search warrants would be “simple” and very protective of privacy was overly optimistic. This article reviews lower court decisions in the year since Riley and finds that the search warrant requirement is far less protective than expected. Rather than restricting search warrants to the narrow evidence being sought, some magistrates have issued expansive warrants authorizing a search of the entire contents of the phone with no restrictions whatsoever. Other courts have authorized searches …
The Post-Riley Search Warrant: Search Protocols And Particularity In Cell Phone Searches,
2016
Vanderbilt University Law School
The Post-Riley Search Warrant: Search Protocols And Particularity In Cell Phone Searches, Adam M. Gershowitz
Vanderbilt Law Review
Last year, in Riley v. California, the Supreme Court required police to procure a warrant before searching a cell phone. Unfortunately, the Court's assumption that requiring search warrants would be "simple" and very protective of privacy was overly optimistic. This article reviews lower court decisions in the year since Riley and finds that the search warrant requirement is far less protective than expected. Rather than restricting search warrants to the narrow evidence being sought, some magistrates have issued expansive warrants authorizing a search of the entire contents of the phone with no restrictions whatsoever. Other courts have authorized searches of …
Show Me The Warrant:
Protection Of Stored Electronic
Communications In New York State,
2016
Fordham University School of Law
Show Me The Warrant: Protection Of Stored Electronic Communications In New York State, Kaitlin G. Klamann
Fordham Urban Law Journal
No abstract provided.
Ou Professor: Fourth Amendment At Heart Of Dispute Between Fbi, Apple,
2016
University of Oklahoma College of Law
Ou Professor: Fourth Amendment At Heart Of Dispute Between Fbi, Apple, Stephen Henderson
Other Faculty Publications
The dispute between the FBI and Apple Inc. over the unlocking of the iPhone used by one of the San Bernadino shooters is important to all Americans. And so it's good that it is getting a wide airing. But when it comes to issues that have complicated tradeoffs, it can be important not just that we have the conversation, but that we use the right words. And here the debate deserves very mixed reviews. . . .
Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities,
2016
Vanderbilt University Law School
Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin
Fordham Urban Law Journal
No abstract provided.
Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings,
2016
Fordham University School of Law
Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez
Fordham Urban Law Journal
No abstract provided.
Crime, Surveillance, And Communities,
2016
Brooklyn Law School
Crime, Surveillance, And Communities, Bennett Capers
Fordham Urban Law Journal
We have become a surveillance state. Cameras—both those controlled by the state, and those installed by private entities—watch our every move, at least in public. For the most part, courts have deemed this public surveillance to be beyond the purview of the Fourth Amendment, meaning that it goes largely unregulated—a cause for alarm for many civil libertarians. This Article challenges these views and suggests that we must listen to communities in thinking about cameras and other surveillance technologies. For many communities, public surveillance not only has the benefit of deterring crime and aiding in the apprehension of criminals. It can …
Family Court, Seneca County, In Re Kaufman,
2016
Touro University Jacob D. Fuchsberg Law Center
Family Court, Seneca County, In Re Kaufman, Edward Callaghan
Touro Law Review
No abstract provided.
County Court, Monroe County, People V. Reynolds,
2016
Touro University Jacob D. Fuchsberg Law Center
County Court, Monroe County, People V. Reynolds, Jill Weinberg
Touro Law Review
No abstract provided.
Third Department, Rossi V. City Of Amsterdam,
2016
Touro University Jacob D. Fuchsberg Law Center
Third Department, Rossi V. City Of Amsterdam, Aron Rattner
Touro Law Review
No abstract provided.
First Department, People V Robinson,
2016
Touro University Jacob D. Fuchsberg Law Center
First Department, People V Robinson, Courtney Blakeslee
Touro Law Review
No abstract provided.
Supreme Court, New York County, Kellogg V. Travis,
2016
Touro University Jacob D. Fuchsberg Law Center
Supreme Court, New York County, Kellogg V. Travis, Donna A. Napolitano
Touro Law Review
No abstract provided.
Supreme Court, Kings County, People V. Ortiz,
2016
Touro University Jacob D. Fuchsberg Law Center
Supreme Court, Kings County, People V. Ortiz, Robert Kronenberg
Touro Law Review
No abstract provided.
Supreme Court, Kings County, People V. Butler,
2016
Touro University Jacob D. Fuchsberg Law Center
Supreme Court, Kings County, People V. Butler, Robert B. Kronenberg
Touro Law Review
No abstract provided.
Court Of Appeals, People V. Robinson,
2016
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals, People V. Robinson, Jonathan Janofsky
Touro Law Review
No abstract provided.
Terry And Beyond: Testing The Underlying Assumption Of Reasonable Suspicion,
2016
Touro University Jacob D. Fuchsberg Law Center
Terry And Beyond: Testing The Underlying Assumption Of Reasonable Suspicion, Illya D. Lichtenberg, Alisa Smith, Michael Copeland
Touro Law Review
No abstract provided.
