Fourth Amendment Commons^™

Supreme Court, Bronx County, People V. Nieto, Jean D'Alessandro

Touro Law Review

No abstract provided.

Appellate Division, Fourth Department, People V. Taylor, Aileen R. Kavanagh

Touro Law Review

No abstract provided.

Appellate Division, Fourth Department, People V. Park, Marcia Miller

Touro Law Review

No abstract provided.

Appellate Division, Third Department, Landsman V. Village Of Hancock, Joaquin Orellana

Touro Law Review

No abstract provided.

Appellate Division, First Department, Morris V. Port Authority Of New York And New Jersey, Brooke Lupinacci

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, People V. Wright, Melanie Hendry

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, People V. William Ii, Brooke Lupinacci

Touro Law Review

No abstract provided.

Applying The 'Cuffs: Consistency And Clarity In A Bright-Line Rule For Arrest-Like Restraints Under Miranda Custody, Luis Then

Florida State University Law Review

No abstract provided.

Spies In The Skies: Dirtboxes And Airplane Electronic Surveillance, Brian L. Owsley

Michigan Law Review First Impressions

Electronic surveillance in the digital age is essentially a cat-and-mouse game between governmental agencies that are developing new techniques and technologies for surveillance, juxtaposed against privacy rights advocates who voice concerns about such technologies. In November 2014, there was a discovery of a new twist on a relatively old theme. Recently, the Wall Street Journal reported that the U.S. Marshals Service was running a surveillance program employing devices—dirtboxes—that gather all cell phone numbers in the surrounding area. Other federal agencies, including the Drug Enforcement Agency, Immigration and Custom Enforcement, and the Department of Homeland Security, are also documented to have …

Aclu V. Clapper: The Fourth Amendment In The Digital Age, Erin E. Connare

Buffalo Law Review

No abstract provided.

A Contagion Of Fear: Post-9/11 Alarm Expands Executive Branch Authority And Sanctions Prosecutorial Exploitation Of America's Privacy, Carol M. Bast, Cynthia A. Brown

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

The Emergency Aid Doctrine And 911 Hang-Ups: The Modern General Warrant, Alexander C. Ellman

Vanderbilt Law Review

The phone rings. A 911 dispatcher starts to answer, but the line goes dead. The dispatcher calls back. No one answers. Was it a misdial or a cry for help cut short? Because callers often expect help to arrive when intentionally calling 911, the police respond to the address from which the call likely originated.' Police approach the house and knock on the door. Again, no one answers. There may be an emergency inside, so the police enter the house without a warrant and without consent. If they find a heart attack victim lying on the floor, they might save …

Trespass And Deception, Laurent Sacharoff

BYU Law Review

Police routinely use deception to get into people’s homes without warrant or probable cause. They may pose as UPS delivery persons or homebuyers, or they may say they are looking for a kidnapping victim or a pedophile, when really they are looking for drugs or guns. Recent years have brought hundreds of reported decisions concerning such police ruses.

When the police lie about their identity or their purpose to enter a home, as when they pose as a homebuyer, the courts surprisingly, but routinely, approve these deceptions under the Fourth Amendment. Such intrusions, the courts reason, do not violate a …

The Privacies Of Life: Automatic License Plate Recognition Is Unconstitutional Under The Mosaic Theory Of Fourth Amendment Privacy Law, Jessica Gutierrez-Alm

Hamline Law Review

Abstract

The 4th Amendment To The U.S. Constitution, Article 3 Of The Ala Code Of Ethics, And Section 215 Of The Usa Patriot Act: Squaring The Triangle, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Presentations

Librarians in the United States have many professional guideposts to inform their work. A patron's right to privacy is one tenet that tends to be upheld tenaciously, and is informed first by the 4th Amendment to the U.S. Constitution, among other Amendments, as well as Article III of the American Library Association Code of Ethics. Section 215 of the USA PATRIOT Act, the so-called "library provision," contradicts both the 4th Amendment and Article III of the ALA Code of Ethics, making it a weak third leg of a triangle of guideposts. The speaker explains how Section 215 allows for confiscation …

The Devil Is In The Details: The Supreme Court Erodes The Fourth Amendment In Applying Reasonable Suspicion In Navarette V. California, George M. Dery Iii, Kevin Meehan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Criminal Innovation And The Warrant Requirement: Reconsidering The Rights-Police Efficiency Trade-Off, Tonja Jacobi, Jonah Kind

William & Mary Law Review

It is routinely assumed that there is a trade-off between police efficiency and the warrant requirement. But existing analysis ignores the interaction between law-enforcement investigative practices and criminal innovation. Narrowing the definition of a search or otherwise limiting the requirement for a warrant gives criminals greater incentive to innovate to avoid detection. With limited resources to develop countermeasures, law enforcement officers will often be just as effective at capturing criminals when facing higher Fourth Amendment hurdles. We provide a game-theoretic model that shows that when law-enforcement investigation and criminal innovation are considered in a dynamic context, the police efficiency rationale …

Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka

Catholic University Law Review

All states allow the public to anonymously report suspicions of child abuse or neglect to a toll free central phone number. An extensive examination of the policy and practices behind anonymous reporting hotlines indicates that they are widely unregulated and susceptible to abuse. The possible repercussions of an anonymous phone call create costs to the family and society which do not outweigh the potential benefit of allowing anonymous public reports. Under the guise of protecting children, the law has developed in such a way that it infringes on the fundamental rights of parents and children. At the same time, anonymous …

Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Section 702 of the Foreign Intelligence Surveillance Act (FISA) authorizes the NSA to collect the electronic communications of non-U.S. targets located overseas. Recent media reports and declassified documents reveal a more extensive program than publicly understood. The article begins by considering the origins of the current programs and the relevant authorities, particularly the transfer of part of the post-9/11 President’s Surveillance Program to FISA. It outlines the contours of the 2007 Protect America Act, before its replacement in 2008 by the FISA Amendments Act (FAA). The section ends with a brief discussion of the current state of foreign intelligence collection …

Constitutional Culpability: Questioning The New Exclusionary Rules, Andrew Guthrie Ferguson

Florida Law Review

This Article addresses the questions left unanswered by the Supreme Court’s recent exclusionary rule cases. The Hudson-Herring-Davis trilogy presents a new and largely unexamined doctrinal landscape for Fourth Amendment suppression hearings. Courts, litigators, and scholars are only now assessing what has changed on the ground in trial practice. Once an automatic remedy for any constitutional violation, the exclusionary rule now necessitates a separate and more searching analysis. Rights and remedies have been decoupled, such that a clear Fourth Amendment constitutional violation may not lead to the exclusion of evidence. Instead, it now leads to an examination of the conduct of …