“Lonesome Road”: Driving Without The
Fourth Amendment,
2013
Seattle University School of Law
“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz
Seattle University Law Review
The protections of the Fourth Amendment on the streets and highways of America have been drastically curtailed. This Article traces the debasement of Fourth Amendment protections on the road and how the Fourth Amendment’s core value of preventing arbitrary police behavior has been marginalized. This Article contends that the existence of a traffic offense should not be the end of the inquiry but the first step, and that defendants should be able to challenge the reasonableness even when there is proof of a traffic offense.
Richard Ortega, Plaintiff-Appellant, V. United States Immigration And Customs Enforcement, Et Al., Defendants-Appellants: Reply Brief Of Appellant,
2013
William & Mary Law School
Richard Ortega, Plaintiff-Appellant, V. United States Immigration And Customs Enforcement, Et Al., Defendants-Appellants: Reply Brief Of Appellant, Patricia E. Roberts, Tillman J. Breckenridge, Alison R.W. Toepp
Appellate and Supreme Court Clinic
No abstract provided.
Life On Streets And Trails: Fourth Amendment Rights For The Homeless And The Homeward Bound,
2013
Vanderbilt University Law School
Life On Streets And Trails: Fourth Amendment Rights For The Homeless And The Homeward Bound, Wesley C. Jackson
Vanderbilt Law Review
People who read law review articles usually have the resources to temporarily abscond from society on a whim, perhaps to the nearest trailhead, and begin a trek through the woods. Such readers, if they choose a well-maintained trail frequented by long-distance hikers, may come across a simple, three-sided cabin known as a shelter. There they might find a grimy and unwashed bunch, talking amongst themselves using jargon such as "blazes" and "trail angels." Some may recognize them as "thru-hikers" and wonder how long the scrawny, bearded, and overloaded travelers have been at it. But some may ask if these apparent …
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy,
2013
Boston University School of Law
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David Gray, Danielle K. Citron
Faculty Scholarship
On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect’s public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately resolved on narrow grounds, five Justices joined concurring opinions in Jones expressing sympathy for some version of the “mosaic theory” of Fourth Amendment privacy. This theory holds that we maintain reasonable expectations of privacy in certain quantities of information even if we do not have such expectations in the constituent parts. This Article examines and explores …
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 …
Privacy And Consent Over Time: The Role Of Agreement In Fourth Amendment Analysis,
2013
William & Mary Law School
Privacy And Consent Over Time: The Role Of Agreement In Fourth Amendment Analysis, Christine Jolls
William & Mary Law Review
No abstract provided.
Searches Incident To Arrest And The Aftermath Of Arizona V. Gant – A Circuit Split As To Gant’S Applicability To Non-Vehicular Searches,
2013
Pace University School of Law
Searches Incident To Arrest And The Aftermath Of Arizona V. Gant – A Circuit Split As To Gant’S Applicability To Non-Vehicular Searches, Nicholas De Sena
Pace Law Review
The nation’s struggle to balance individual rights of privacy and legitimate law enforcement efforts continues without any clear resolution in sight. The Fourth Amendment of the United States Constitution guarantees citizens the right to be free from unreasonable searches and seizures, stating that search warrants shall be issued only with a showing of probable cause, a description of the place to be searched, and the persons or things to be seized. Complementing the warrant requirement is the principal that searches done without a warrant are per se unreasonable. The Supreme Court, however, has recognized exceptions to the warrant requirement under …
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow,
2013
Pepperdine University
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings ,
2013
Pepperdine University
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Proposition 8 Is Unconstitutional, But Not Because The Ninth Circuit Said So: The Equal Protection Clause Does Not Support A Legal Distinction Between Denying The Right To Same-Sex Marriage And Not Providing It In The First Place,
2013
Seattle University School of Law
Proposition 8 Is Unconstitutional, But Not Because The Ninth Circuit Said So: The Equal Protection Clause Does Not Support A Legal Distinction Between Denying The Right To Same-Sex Marriage And Not Providing It In The First Place, Nathan Rouse
Seattle University Law Review
In Perry v. Brown, the Ninth Circuit held that Proposition 8 is unconstitutional. But in doing so, the court stepped back from the breadth of the district court’s decision. The Ninth Circuit did not address whether same-sex marriage is a fundamental constitutional right. Nor did the Ninth Circuit address whether the Equal Protection Clause categorically prevents states from limiting marriage to opposite-sex couples. Instead, the Ninth Circuit reached the narrow conclusion that Proposition 8 violates the Equal Protection Clause because it withdrew a preexisting legal right from a marginalized group without any legitimate purpose. The Ninth Circuit should have held …
Culpability, Deterrence, And The Exclusionary Rule,
2013
William & Mary Law School
Culpability, Deterrence, And The Exclusionary Rule, Kit Kinports
William & Mary Bill of Rights Journal
This Article discusses the Supreme Court’s use of the concepts of culpability and deterrence in its Fourth Amendment jurisprudence, in particular, in the opinions applying the good-faith exception to the exclusionary rule. The contemporary Court sees deterrence as the exclusionary rule’s sole function, and the Article begins by taking the Court at its word, evaluating its exclusionary rule case law on its own terms. Drawing on three different theories of deterrence—economic rational choice theory, organizational theory, and the expressive account of punishment—the Article analyzes the mechanics by which the exclusionary rule deters unconstitutional searches and questions the Court’s recent decision …
Crime, Survelliance, And Communities,
2013
Brooklyn Law School
Crime, Survelliance, And Communities, I. Bennett Capers
Faculty Scholarship
No abstract provided.
You’Re Under Arrest—Say Ah:
Suggestions For Legislatures Drafting
Statutes Allowing Dna Extraction
From Arrestees,
2013
Washington and Lee University School of Law
You’Re Under Arrest—Say Ah: Suggestions For Legislatures Drafting Statutes Allowing Dna Extraction From Arrestees, Alex Sugzda
Washington and Lee Law Review
No abstract provided.
Looking For Trouble: An Exploration Of How To Regulate Digital Searches,
2013
Vanderbilt University Law School
Looking For Trouble: An Exploration Of How To Regulate Digital Searches, Eric Yeager
Vanderbilt Law Review
Imagine that the cybercrime division of a local police force receives a report of fraudulent credit card purchases, and after linking subpoenaed credit card records to a particular shipping address, officers obtain a warrant to search the computer of the resident for evidence of identity theft and fraud. During a preliminary search of the suspect's hard drive, the investigators discover a folder marked "preteen porno pix" filled entirely with picture and video files. Knowing that the evidence they are looking for is almost certainly contained within a text file, they have little reason to believe that opening this folder will …
Richard Ortega, Plaintiff-Appellant, V. United States Immigration And Customs Enforcement, Et Al., Defendants-Appellants: Brief Of Appellant,
2013
William & Mary Law School
Richard Ortega, Plaintiff-Appellant, V. United States Immigration And Customs Enforcement, Et Al., Defendants-Appellants: Brief Of Appellant, Patricia E. Roberts, Tillman J. Breckenridge, Alison R.W. Toepp
Appellate and Supreme Court Clinic
No abstract provided.
Amending For Justice’S Sake: Codified Disclosure Rule Needed To Provide Guidance To Prosecutor’S Duty To Disclose,
2013
University of Florida Levin College of Law
Amending For Justice’S Sake: Codified Disclosure Rule Needed To Provide Guidance To Prosecutor’S Duty To Disclose, Nathan A. Frazier
Florida Law Review
This Note argues for the implementation of bright-line rules to guide prosecutorial discretion. It urges a solution that identifies the salient facts from the case law and enumerates those facts into a codified Strickler three-prong standard. A bright-line standard should exist requiring disclosure when any of the following scenarios are present: (1) Prior perjury or false testimony of a government witness; (2) Promises of immunity to a government witness; (3) Monetary rewards to key government witnesses; (4) Mental impairments of a government witness; (5) Information reflecting bias or prejudice of a government witness against defendant; (6) Confessions to the crime …
School Security Considerations After Newtown,
2013
University of Florida Levin College of Law
School Security Considerations After Newtown, Jason P. Nance
UF Law Faculty Publications
On December 14, 2012, and in the weeks thereafter, our country mourned the deaths of twenty children and six educators who were brutally shot and killed at Sandy Hook Elementary School in Newtown, Connecticut. Since the horrific massacre, parents, educators, and lawmakers have understandably turned their attention to implementing stronger security measures in schools. This essay provides important points for policymakers and school officials to consider before embarking on a new phase of school security upgrades.
Criminal Procedure Decisions From The October 2007 Term,
2013
Touro University Jacob D. Fuchsberg Law Center
Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Mary D. Branch, Plaintiff-Appellant, V. Officer Timothy Gorman, Et Al., Defandants-Appellants: Reply Brief Of Appellant,
2013
William & Mary Law School
Mary D. Branch, Plaintiff-Appellant, V. Officer Timothy Gorman, Et Al., Defandants-Appellants: Reply Brief Of Appellant, Patricia E. Roberts, Pamela Palmer, Alexa Roggenkamp, Tillman J. Breckenridge, Robert M. Luck Iii
Appellate and Supreme Court Clinic
No abstract provided.
Keeping Up With The Jonses: Making Sure Your History Is Just As Wrong As Everyone Else's,
2013
University of Maryland Francis King Carey School of Law
Keeping Up With The Jonses: Making Sure Your History Is Just As Wrong As Everyone Else's, Brian Sawers
Michigan Law Review First Impressions
Before Katz v. United States, a search under the Fourth Amendment required a trespass. If there was no trespass on one’s property, then there was no search. In Katz, a 1967 decision, the U.S. Supreme Court abandoned that approach, instead finding a search without a trespass based on the government’s invasion of a “reasonable expectation of privacy.” In Oliver v. United States, the Court found that trespass was not sufficient to create a search. It found no reasonable expectation of privacy in open fields, and thus no search, even though the defendant had erected “No Trespassing” signs around his property …
