United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani,
2016
Touro University Jacob D. Fuchsberg Law Center
United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani, Melissa Murphy
Touro Law Review
No abstract provided.
Much Ado About Some Things: Fourth Amendment Rulings Dominate The Supreme Court’S Criminal Law Decisions In The 2000 Term,
2016
Touro University Jacob D. Fuchsberg Law Center
Much Ado About Some Things: Fourth Amendment Rulings Dominate The Supreme Court’S Criminal Law Decisions In The 2000 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Birchfield V. North Dakota:Why The United States Supreme Court Should Rely On Riley V. California To Hold That Criminalizing A Suspect’S Refusal To Consent To A Warrantless Blood Test Violates The Fourth Amendment,
2016
Indiana Tech Law School
Birchfield V. North Dakota:Why The United States Supreme Court Should Rely On Riley V. California To Hold That Criminalizing A Suspect’S Refusal To Consent To A Warrantless Blood Test Violates The Fourth Amendment, Adam Lamparello, Cynthia Swann
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Search And Seizures As Applied To Changing Digital Technologies: A Look At Pole Camera Surveillance,
2016
Seton Hall University
Search And Seizures As Applied To Changing Digital Technologies: A Look At Pole Camera Surveillance, Tiffany M. Russo
Seton Hall Circuit Review
No abstract provided.
Newsroom: A True Original(Ist) 02-15-2016,
2016
Roger Williams University School of Law
Newsroom: A True Original(Ist) 02-15-2016, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
The Hidden Under Caste Of America: An Examination Of The Effects Of Terry V. Ohio, Florida V. Bostick, & Whren V. United States And Colorblindness On African Americans,
2016
Augustana College, Rock Island Illinois
The Hidden Under Caste Of America: An Examination Of The Effects Of Terry V. Ohio, Florida V. Bostick, & Whren V. United States And Colorblindness On African Americans, Austin Schoeck
Political Science: Student Scholarship & Creative Works
No abstract provided.
Dna And Distrust,
2016
University of Virginia School of Law
Dna And Distrust, Kerry Abrams, Brandon L. Garrett
Notre Dame Law Review
Over the past three decades, government regulation and funding of DNA testing has reshaped the use of genetic evidence across various fields, including criminal law, family law, and employment law. Courts have struggled with questions of when and whether to treat genetic evidence as implicating individual rights, policy trade-offs, or federalism problems. We identify two modes of genetic testing: identification testing, used to establish a person’s identity, and predictive testing, which seeks to predict outcomes for a person. Judges and lawmakers have often drawn a bright line at predictive testing, while allowing uninhibited identification testing. The U.S. Supreme Court in …
Duty Of Candor In The Digital Age: The Need For Heightened Judicial Supervision Of Stingray Searches,
2016
IIT Chicago-Kent College of Law
Duty Of Candor In The Digital Age: The Need For Heightened Judicial Supervision Of Stingray Searches, Andrew Hemmer
Chicago-Kent Law Review
This Note explores the constitutional implications of the use of a device known as the “Stingray” in criminal investigations. This device masquerades as a cell phone tower and forces all cell phones within a considerable range to connect to it, transmitting data and allowing law enforcement to ascertain the location of each cell phone. The use of Stingrays raises important Fourth Amendment concerns that have been brought to light most significantly by the 2008 federal prosecution of Daniel Rigmaiden. This Note argues that Stingray use constitutes a Fourth Amendment search and that a new standard of warrant requirements is needed …
Riley V. California And The Stickiness Principle,
2016
Duke Law
Riley V. California And The Stickiness Principle, Steven I. Friedland
Duke Law & Technology Review
In Fourth Amendment decisions, different concepts, facts and assumptions about reality are often tethered together by vocabulary and fact, creating a ‘Stickiness Principle.’ In particular, form and function historically were considered indistinguishable, not as separate factors. For example, “containers” carried things, “watches” told time, and “phones” were used to make voice calls. Advancing technology, though, began to fracture this identity and the broader Stickiness Principle. In June 2014, Riley v. California and its companion case, United States v. Wurie, offered the Supreme Court an opportunity to begin untethering form and function and dismantling the Stickiness Principle. Riley presented the question …
Recent Development: Varriale V. State: The State May Store And Use A Voluntarily Provided Dna Sample And Resultant Profile For Any Future Criminal Investigations, Unless The Suspect Provides An Express Limitation,
2016
University of Baltimore Law
Recent Development: Varriale V. State: The State May Store And Use A Voluntarily Provided Dna Sample And Resultant Profile For Any Future Criminal Investigations, Unless The Suspect Provides An Express Limitation, C. Harris Schlecker
University of Baltimore Law Forum
The Court of Appeals of Maryland held that when a suspect does not expressly limit consent to DNA testing, the Fourth Amendment does not prevent the State from storing and using his voluntarily provided DNA in later, unrelated criminal investigations.
Rfid Implementation: Testing In Prisons And Parolees For The Greater Good, 33 J. Marshall J. Info. Tech. & Privacy L. 22 (2016),
2016
UIC School of Law
Rfid Implementation: Testing In Prisons And Parolees For The Greater Good, 33 J. Marshall J. Info. Tech. & Privacy L. 22 (2016), Mirko Akrap
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Flagrant Police Abuse: Why Black Lives (Also) Matter To The Fourth Amendment,
2016
Florida International University College of Law
Flagrant Police Abuse: Why Black Lives (Also) Matter To The Fourth Amendment, Joelle A. Moreno
Faculty Publications
No abstract provided.
What's In The Box? Re-Conceptualizing Computers As Containers, Metadata As Contents Of That Container, And Applying Fourth Amendment Protections,
2016
Michigan State Law Review
What's In The Box? Re-Conceptualizing Computers As Containers, Metadata As Contents Of That Container, And Applying Fourth Amendment Protections, Christopher Michels
Criminal Law Practitioner
No abstract provided.
Civil Arrest? (Another) St. Louis Case Study In Unconstitutionality,
2016
University of the District of Columbia
Civil Arrest? (Another) St. Louis Case Study In Unconstitutionality, Mae Quinn, Eirik Cheverud
Journal Articles
This Article advances a simple claim in need of enforcement in this country right now: no person may be arrested for an alleged violation of civil, as opposed to criminal, law. Indeed, courts have long interpreted the Fourth Amendment as prohibiting arrest except when probable cause exists to believe that a crime has been committed and that the defendant is the person who committed the crime. However, in many places police take citizens into custody without a warrant for the non-criminal conduct of allegedly breaking civil laws. This unfortunate phenomenon received national attention in St. Louis, Missouri following the death …
Policing Criminal Justice Data,
2016
Florida State University College of Law
Policing Criminal Justice Data, Wayne Logan, Andrew Ferguson
Scholarly Articles in Law Reviews & Journals
This article addresses a matter of fundamental importance to the criminal justice system: the presence of erroneous information in government databases and the limited government accountability and legal remedies for the harm that it causes individuals. While a substantial literature exists on the liberty and privacy perils of large multi-source data assemblage, often termed "big data," this article addresses the risks associated with the collection, generation and use of "small data" (i.e., individual-level, discrete data points). Because small data provides the building blocks for all data-driven systems, enhancing its quality will have a significant positive effect on the criminal justice …
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons,
2016
American University Washington College of Law
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson
Scholarly Articles in Law Reviews & Journals
What is the constitutional significance of the proverbial "keep off the grass" sign? This question — asked by curmudgeonly neighbors everywhere — has been given new currency in a recent decision by the United States Supreme Court. Indeed, Florida v. Jardines might have bestowed constitutional curmudgeons with significant new Fourth Amendment protections. By expressing expectations regarding — and control over — access to property, "the people" may be able to claim greater Fourth Amendment protections not only for their homes, but also for their persons, papers, and effects. This article launches a constitutionally grounded, but lighthearted campaign of citizen education …
The Internet Of Things And The Fourth Amendment Of Effects,
2016
American University Washington College of Law
The Internet Of Things And The Fourth Amendment Of Effects, Andrew Ferguson
Scholarly Articles in Law Reviews & Journals
By 2020 there will be billions of “things” connected through the “Internet of Things.” These smart devices built within our homes, cars, smartphones, clothing, and accessories present new possibilities for technological surveillance for law enforcement. This network of smart devices also poses a new challenge for a Fourth Amendment built around “effects.” The constitutional language protecting “persons, houses, papers, and effects” from unreasonable searches and seizures must confront this change. This article addresses how a Fourth Amendment built on old-fashioned “effects” can address a new world when things are no longer just inactive, static objects, but objects that create and …
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing,
2016
Brooklyn Law School
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii
Brooklyn Law Review
On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …
Never Alone: Why The Inevitable Influx Of Drones Necessitates A New Fourth Amendment Standard That Adequately Protects Reasonable Expectations Of Privacy,
2016
University of Baltimore School of Law
Never Alone: Why The Inevitable Influx Of Drones Necessitates A New Fourth Amendment Standard That Adequately Protects Reasonable Expectations Of Privacy, Paul Burgin
University of Baltimore Law Review
In June 2011, North Dakota cattle rancher Rodney Brossart became the first American to be arrested with the aid of a drone (Unmanned Aircraft System(s) or UAS) operated by law enforcement. Six cows found their way onto Brossart's property, and he refused to turn them over to law enforcement officials. Brossart and a few family members chased police officers off of his property at gunpoint, and police later returned with a warrant and SWAT team. A sixteen-hour standoff ensued until police called in the assistance of a UAS to pinpoint Brossart's exact location. Shortly thereafter, SWAT officers rushed in, tased, …
To Catch A Terrorist: The Improper Use Of Profiling In U.S. Post-9/11 Counterterrorism,
2016
University of Central Florida
To Catch A Terrorist: The Improper Use Of Profiling In U.S. Post-9/11 Counterterrorism, Kamillia Crawford
Honors Undergraduate Theses
The attacks of September 11, 2001 (9/11) caused thousands of deaths, national and global panic, and immediate action by the federal government to protect the borders of the United States of America (USA) from terrorism. In response to these attacks, the United States (U.S.) government enacted laws for law enforcement agencies to protect against terrorist activities. Law enforcement agencies are effective in combating terrorism, but their measures contain a major flaw - the improper use of race in profiling to address national security and public safety concerns. Racial profiling is an ineffective measure for preventing terrorism. There are solutions to …
