Balancing The Scales: Reinstating Home Privacy Without Violence In Indiana,
2013
Indiana University Mauer School of Law
Balancing The Scales: Reinstating Home Privacy Without Violence In Indiana, Tyler Anderson
Indiana Law Journal
No abstract provided.
“Oh, It Is You, Is It?”: Closing The Door On Reasonable Resistance To Unlawful Police Entry In Indiana,
2013
Indiana University Maurer School of Law
“Oh, It Is You, Is It?”: Closing The Door On Reasonable Resistance To Unlawful Police Entry In Indiana, Jesse Drum
Indiana Law Journal
No abstract provided.
Back To The Future: United States V Jones Resuscitates Property Law Concepts In Fourth Amendment Jurisprudence,
2013
Forster & Johnson, Attorney-at-Law, LLC
Back To The Future: United States V Jones Resuscitates Property Law Concepts In Fourth Amendment Jurisprudence, Nancy Forster
University of Baltimore Law Review
No abstract provided.
Post-Jones: How District Courts Are Answering The Myriad Questions Raised By The Supreme Court's Decision In United States V. Jones,
2013
Office of the United States Attorney for the District of Maryland
Post-Jones: How District Courts Are Answering The Myriad Questions Raised By The Supreme Court's Decision In United States V. Jones, Jason D. Medinger
University of Baltimore Law Review
No abstract provided.
Ensuring Miranda’S Right To Counsel Abroad,
2013
New York Law School
Ensuring Miranda’S Right To Counsel Abroad, David Henek '12
NYLS Law Review
No abstract provided.
The Exclusionary Rule: Is It On Its Way Out? Should It Be?,
2013
Vanderbilt University Law School
The Exclusionary Rule: Is It On Its Way Out? Should It Be?, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This symposium, comprising six articles in addition to this one, was triggered by a spate of Supreme Court opinions occurring over the last seven years, all of which raise the two questions in the title to this article (which is also the title of the symposium). Since 1974, when United States v. Calandra definitively established deterrence as the primary objective of the suppression remedy, the Court has nibbled away at the exclusionary rule from a number of different directions. But the Court's decisions in Hudson v. Michigan (2006), Herring v. United States (2009), and Davis v. United States (2011) reveal …
Rehnquist And Panvasive Searches,
2013
Vanderbilt University Law School
Rehnquist And Panvasive Searches, Christopher Slobogin
Vanderbilt Law School Faculty Publications
In the history of the Supreme Court, William Rehnquist may have been the least friendly justice toward the view that the Fourth Amendment should be read expansively. Even he, however, might have interpreted the amendment to place more restrictions on modern law enforcement techniques than current caselaw does. Relying on a 1974 article authored by Rehnquist, this essay, written for a symposium on Rehnquist and the Fourth Amendment, describes his views on the types of requirements the Fourth Amendment imposes on the police, how decriminalization can protect privacy, and most importantly, why Rehnquist might have been willing to regulate surveillance …
When Autonomous Vehicles Take Over The Road: Rethinking The Expansion Of The Fourth Amendment In A Technology-Driven World,
2013
University of Richmond
When Autonomous Vehicles Take Over The Road: Rethinking The Expansion Of The Fourth Amendment In A Technology-Driven World, Rachael Roseman
Richmond Journal of Law & Technology
On a cool summer morning in upstate New York, a man sitting on his couch types in the coordinates to a warehouse in Virginia on his phone and presses “engage.” At that moment, the engine of a vehicle several miles away starts up, and the vehicle slowly backs out of the driveway. Without a driver or any occupants, the vehicle travels several hundred miles from the driveway in New York to the warehouse in Virginia. Meanwhile, the man who engaged the vehicle remains seated on his couch in upstate New York. The man has engaged an autonomous vehicle (AV), capable …
Circuit Confusion: The Growing Divide On Whether Gant Applies To Non-Vehicular Searches Incident To Arrest,
2013
Seton Hall Law
Circuit Confusion: The Growing Divide On Whether Gant Applies To Non-Vehicular Searches Incident To Arrest, Patrick D. Messmer
Student Works
No abstract provided.
The Mercenary Gap: How To Protect The Constitutional Rights Of American Contractors In The Age Of The Private Military Firm, 46 J. Marshall L. Rev. 1121 (2013),
2013
UIC School of Law
The Mercenary Gap: How To Protect The Constitutional Rights Of American Contractors In The Age Of The Private Military Firm, 46 J. Marshall L. Rev. 1121 (2013), John Sviokla
UIC Law Review
No abstract provided.
Rehnquist's Fourth Amendment: Be Reasonable,
2013
Indiana University Maurer School of Law
Rehnquist's Fourth Amendment: Be Reasonable, Craig M. Bradley
Articles by Maurer Faculty
"The Fourth Amendment: Be Reasonable," is a chapter in a book, The Rehnquist Legacy, published by Cambridge University Press in 2006. The book is a comprehensive legal biography of the Chief Justice in which leading scholars examine his legacy in diverse areas of constitutional law, including criminal procedure. This chapter examines Rehnquist's voluminous Fourth Amendment jurisprudence. While Rehnquist has not authored any single path-breaking case in this area, the chapter shows his success, across the board, in achieving his stated goal of calling a halt to the pro-defendant rulings of the Warren Court in the criminal procedure area. However, Rehnquist …
“The Lady Of The House” Vs. A Man With A Gun: Applying Kyllo To Gun-Scanning Technology,
2013
The Catholic University of America, Columbus School of Law
“The Lady Of The House” Vs. A Man With A Gun: Applying Kyllo To Gun-Scanning Technology, Sean K. Driscoll
Catholic University Law Review
No abstract provided.
Genetic Privacy And The Fourth Amendment: Unregulated Surreptitious Dna Harvesting,
2013
University of New Hampshire School of Law
Genetic Privacy And The Fourth Amendment: Unregulated Surreptitious Dna Harvesting, Albert E. Scherr
Law Faculty Scholarship
Genetic privacy and police practices have come to the fore in the criminal justice system. Case law and stories in the media document that police are surreptitiously harvesting the DNA of putative suspects. Some sources even indicate that surreptitious data banking may also be in its infancy. Surreptitious harvesting of out-of-body DNA by the police is currently unregulated by the Fourth Amendment. The few courts that have addressed the issue find that the police are free to harvest DNA abandoned by a putative suspect in a public place. Little in the nascent surreptitious harvesting case law suggests that surreptitious data …
The Evolving Fourth Amendment: United States V. Jones, The Information Cloud, And The Right To Exclude,
2013
University of Maryland Francis King Carey School of Law
The Evolving Fourth Amendment: United States V. Jones, The Information Cloud, And The Right To Exclude, Ber-An Pan
Maryland Law Review
No abstract provided.
Maryland V. King: Terry V. Ohio Redux,
2013
University of Florida Levin College of Law
Maryland V. King: Terry V. Ohio Redux, Tracey Maclin
UF Law Faculty Publications
In Maryland v. King, the Supreme Court addressed whether forensic testing of DNA samples taken from persons arrested for violent felonies violated the Fourth Amendment. The purpose behind DNA testing laws is obvious: collecting and analyzing DNA samples advances the capacity of law enforcement to solve both "cold cases" and future crimes when the government has evidence of the perpetrator's DNA from the crime scene. In a 5-4 decision, the Court, in an opinion by Justice Kennedy, upheld Maryland's DNA testing statute, and presumably the similar laws of twenty-seven other states and the federal government. Although Justice Kennedy's opinion suggests …
Students, Security, And Race,
2013
University of Florida Levin College of Law
Students, Security, And Race, Jason P. Nance
UF Law Faculty Publications
In the wake of the terrible shootings in Newtown, Connecticut, our nation has turned its attention to school security. For example, several states have passed or are considering passing legislation that will provide new funding to schools for security equipment and law enforcement officers. Strict security measures in schools are certainly not new. In response to prior acts of school violence, many public schools for years have relied on metal detectors, random sweeps, locked gates, surveillance cameras, and law enforcement officers to promote school safety. Before policymakers and school officials invest more money in strict security measures, this Article provides …
Do You Know Where Your Dna Is? The Need For Dna Legislation In Ohio,
2013
Cleveland State University
Do You Know Where Your Dna Is? The Need For Dna Legislation In Ohio, Elizabeth Collins
Journal of Law and Health
This Note examines the several privacy and safety issues stemming from DNA theft. Part II discusses constitutional and common law regarding the abandonment of property, particularly under the Fourth Amendment, and explains how the Fourth Amendment does not protect individuals from DNA theft. Part III details the many consequences resulting from DNA theft. These risks, among countless others, include employment and insurance discrimination, family turmoil caused by paternity testing which is often inaccurate and conducted without consent, genetic stalking, security risks, and the unauthorized publication of personal medical information and ancestral information. Part IV examines DNA theft legislation adopted by …
Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions,
2013
University at Buffalo School of Law
Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller
Journal Articles
Part I is a brief history of Search and Seizure law, focusing on seismic doctrinal shifts that occurred from the 1950s to the present. As a framework for the important cases, the Founders’ concerns about abuse of governmental authority are discussed, as well as the rights protected by the Fourth Amendment. Various governmental programs will also be presented, such as the War on Drugs and its call for a large-scale federal anti-drug policy, first initiated by President Richard Nixon in 1969. Part II is a description of the central reasoning presented in Florence v. Board of Chosen Freeholders, including the …
Passing The Sniff Test: Police Dogs As Surveillance Technology,
2013
University at Buffalo School of Law
Passing The Sniff Test: Police Dogs As Surveillance Technology, Irus Braverman
Journal Articles
In October 2012, the Supreme Court of the United States will review the case of Florida v. Jardines, which revolves around the constitutionality of police canine Franky’s sniff outside a private residence. Essentially, the Court will need to decide whether or not the sniff constitutes a “search” for Fourth Amendment purposes. This Article presents a review of the often-contradictory case law that exists on this question to suggest that underlying the various cases is the Courts’ assumption of a juxtaposed relationship between nature and technology. Where dog sniffs are perceived as a technology, the courts have been inclined to also …
Five Answers And Three Questions After United States V. Jones (2012), The Fourth Amendment "Gps Case",
2013
Florida Coastal School of Law
Five Answers And Three Questions After United States V. Jones (2012), The Fourth Amendment "Gps Case", Benjamin J. Priester
Oklahoma Law Review
No abstract provided.
