Fourth Amendment Commons^™

Recent Developments In The Use Of Excessive Force By Law Enforcement, Karen M. Blum, Jack Ryan

Touro Law Review

No abstract provided.

Yale Symposium: Unpacking Nsa's Global Problem, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Why Arizona V. Gant Is The Wrong Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz

Faculty Publications

No abstract provided.

Personal Curtilage: Fourth Amendment Security In Public, Andrew Guthrie Ferguson

William & Mary Law Review

Do citizens have any Fourth Amendment protection from senseenhancing surveillance technologies in public? This Article engages a timely question as new surveillance technologies have redefined expectations of privacy in public spaces. It proposes a new theory of Fourth Amendment security based on the ancient theory of curtilage protection for private property. Curtilage has long been understood as a legal fiction that expands the protection of the home beyond the formal structures of the house. Based on custom and law protecting against both nosy neighbors and the government, curtilage was defined by the actions the property owner took to signal a …

Privacy In Social Media: To Tweet Or Not To Tweet?, Tara M. Breslawski

Touro Law Review

No abstract provided.

It's Reasonable To Expect Privacy When Watching Adult Videos, Matthew Leonhardt

Touro Law Review

No abstract provided.

Fourth Amendment Right To Privacy With Respect To Bank Records In Criminal Cases, Francesca M. Brancato

Touro Law Review

No abstract provided.

You Do Not Have The Right To Remain Drunk: Expanding The Scope Of Implied Consent Through Fifth Amendment Voluntariness Standards, Avi Goldstein

Touro Law Review

No abstract provided.

You Have The Right To Be Free From Unwanted Bodily Intrusion--Unless Of Course There Is A Court Order, Tara Laterza

Touro Law Review

No abstract provided.

The Blueprint: Critiques Of The Fingerprint And Abandonment Paradigms Utilized To Reject An Expectation Of Privacy In Dna, Avi Goldstein

Touro Law Review

No abstract provided.

Locked Glove Compartments: Searchable Or Stash Spots?, Evan Levtow

Touro Law Review

No abstract provided.

A Delayed Search Of An Automobile Makes For An Unconstitutional Seizure, Sean J. Mcgowan

Touro Law Review

No abstract provided.

Binary Searches And The Central Meaning Of The Fourth Amendment, Lawrence Rosenthal

William & Mary Bill of Rights Journal

No abstract provided.

David Leon Riley V. State Of California And United States Of America V. Brima Wurie: Brief Of Amici Curiae Criminal Law Professors In Support Of Petitioner Riley And Respondent Wurie, Adam M. Gershowitz, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan

Briefs

No abstract provided.

Brief For The National Association Of Social Workers And The Ohio Chapter Of The National Association Of Social Workers As Amici Curie In Support Of Petitioners, No. 13-933, United States Supreme Court (Mar. 6, 2014), Doron M. Kalir, Carolyn I. Polowy

Law Faculty Briefs and Court Documents

NASW's first argument is simple. To protect children from abuse - a major congressional and state legislative goal - this Court should apply qualified immunity to protect social workers from personal liability where a reasonable decision has been made to remove a child without a warrant.

NASW's second argument is equally cogent. DeShaney was decided 25 years ago. Since then, this Court's "continued silence" on the issue, Kovacic, 724 F.3d at 708 (Sutton, J., dissenting), has failed "to provide guidance to those charged with the difficult task of protecting child welfare within the confines of the Fourth Amendment." Camreta v. …

Richard Ortega, Plaintiff-Appellant, V. United States Immigration And Customs Enforcement, Et Al., Defendants-Appellants: Petition For A Writ Of Certiorari, Patricia E. Roberts, Tillman J. Breckenridge, Thomas W. Ports Jr.

Appellate and Supreme Court Clinic

No abstract provided.

Secrecy, Intimacy, And Workable Rules: Justice Sotomayor Stakes Out The Middle Ground In United States V. Jones, Miriam H. Baer

Faculty Scholarship

No abstract provided.

Policing By Numbers: Big Data And The Fourth Amendment, Elizabeth E. Joh

Washington Law Review

This article identifies three uses of big data that hint at the future of policing and the questions these tools raise about conventional Fourth Amendment analysis. Two of these examples, predictive policing and mass surveillance systems, have already been adopted by a small number of police departments around the country. A third example—the potential use of DNA databank samples—presents an untapped source of big data analysis. Whether any of these three examples of big data policing attract more widespread adoption by the police is yet unknown, but it likely that the prospect of being able to analyze large amounts of …

An Unreasonable Expectation? Warrantless Searches Of Cell Phones, Michael V. Hinckley

BYU Law Review

No abstract provided.

Oliver Lawal, Daosamid Bounthisane, And Gazali Shittu, Appellants, V. Marc Mcdonald, William Riley, And Frederick Chose, Appellees: Petition For Panel Rehearing, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan, Thomas W. Ports Jr.

Appellate and Supreme Court Clinic

No abstract provided.