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 …
The Politics Of Privacy In The Criminal Justice System: Information Disclosure, The Fourth Amendment, And Statutory Law Enforcement Exemptions,
2013
New York University School of Law
The Politics Of Privacy In The Criminal Justice System: Information Disclosure, The Fourth Amendment, And Statutory Law Enforcement Exemptions, Erin Murphy
Michigan Law Review
When criminal justice scholars think of privacy, they think of the Fourth Amendment. But lately its domain has become far less absolute. The United States Code currently contains over twenty separate statutes that restrict both the acquisition and release of covered information. Largely enacted in the latter part of the twentieth century, these statutes address matters vital to modern existence. They control police access to driver's licenses, educational records, health histories, telephone calls, email messages, and even video rentals. They conform to no common template, but rather enlist a variety of procedural tools to serve as safeguards - ranging from …
New Jersey V. T.L.O.: The Supreme Court Severely Limits Schoolchildrens' Fourth Amendment Rights When Being Searched By Public School Officials,
2013
Pepperdine University
New Jersey V. T.L.O.: The Supreme Court Severely Limits Schoolchildrens' Fourth Amendment Rights When Being Searched By Public School Officials, Missy Kelly Bankhead
Pepperdine Law Review
No abstract provided.
A Spectacular Non Sequitur: The Supreme Court's Contemporary Fourth Amendment Exclusionary Rule Jurisprudence,
2013
University of Maryland Francis King Carey School of Law
A Spectacular Non Sequitur: The Supreme Court's Contemporary Fourth Amendment Exclusionary Rule Jurisprudence, David C. Gray
Faculty Scholarship
Much of the Supreme Court’s contemporary Fourth Amendment exclusionary rule jurisprudence is constructed upon an analytic mistake that H.L.A. Hart described in another context as a “spectacular non sequitur.” That path to irrelevance is paved by the Court’s recent insistence that the sole justification for excluding evidence seized in violation of the Fourth Amendment is the prospect of deterring law enforcement officers. This deterrence-only approach ignores or rejects more principled justifications that inspired the rule at its genesis and have sustained it through the majority of its history and development. More worrisome, however, is the conceptual insufficiency of deterrence considerations …
Neurotechnologies At The Intersection Of Criminal Procedure And Constitutional Law,
2013
University of Maryland Francis King Carey School of Law
Neurotechnologies At The Intersection Of Criminal Procedure And Constitutional Law, Amanda C. Pustilnik
Faculty Scholarship
The rapid development of neurotechnologies poses novel constitutional issues for criminal law and criminal procedure. These technologies can identify directly from brain waves whether a person is familiar with a stimulus like a face or a weapon, can model blood flow in the brain to indicate whether a person is lying, and can even interfere with brain processes themselves via high-powered magnets to cause a person to be less likely to lie to an investigator. These technologies implicate the constitutional privilege against compelled, self-incriminating speech under the Fifth Amendment and the right to be free of unreasonable search and seizure …
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy,
2013
University of Maryland Franics King Carey School of Law
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats 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 …
The Right To Quantitative Privacy,
2013
University of Maryland Franics King Karey School of Law
The Right To Quantitative Privacy, David C. Gray, Danielle Keats Citron
Faculty Scholarship
We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances in surveillance technology. Governments and their private sector agents continue to invest billions of dollars in massive data-mining projects, advanced analytics, fusion centers, and aerial drones, all without serious consideration of the constitutional issues that these technologies raise. In United States v. Jones, the Supreme Court signaled an end to its silent acquiescence in this expanding surveillance state. In that case, five justices signed concurring opinions defending a revolutionary proposition: that citizens have Fourth Amendment interests in substantial quantities of …
Florida V. Jardines: The Wolf At The Castle Door,
2013
Washington and Lee University School of Law
Florida V. Jardines: The Wolf At The Castle Door, Timothy C. Macdonnell
Scholarly Articles
The purpose of this article is to examine the controversy regarding the application of the contraband exception to the home and the potential impact of the Florida v. Jardines decision of the U.S. Supreme Court. The article will begin by examining the cases that make up the Supreme Court's contraband exception and some of the Court's precedent regarding the home and warrantless searches. Next, the article will examine the Florida Supreme Court's holding in Jardines and discuss how the Florida court arrived at the conclusion that the canine sniff in that case was a search. This section will compare the …
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 …
A Smarter Rule For Smarter Phones: Why Sila Does Not Protect Our Smartphones And Why The California
Legislature Should,
2013
Pacific McGeorge School of Law
A Smarter Rule For Smarter Phones: Why Sila Does Not Protect Our Smartphones And Why The California Legislature Should, Russell Cooper
McGeorge Law Review
No abstract provided.
Florence V. Board Of Chosen Freeholders: Maintaining Jail Security While Stripping Detainees Of Their Constitutional Rights,
2013
University of Maryland Francis King Carey School of Law
Florence V. Board Of Chosen Freeholders: Maintaining Jail Security While Stripping Detainees Of Their Constitutional Rights, Nina Gleiberman
Maryland Law Review Online
No abstract provided.
Warrantless Government Drone Surveillance: A Challenge To The Fourth Amendment, 30 J. Marshall J. Info. Tech. & Privacy L. 155 (2013),
2013
UIC School of Law
Warrantless Government Drone Surveillance: A Challenge To The Fourth Amendment, 30 J. Marshall J. Info. Tech. & Privacy L. 155 (2013), Jennifer O'Brien
UIC John Marshall Journal of Information Technology & Privacy Law
The Federal Aviation Administration Modernization and Reform Act of 2012 aims to integrate drones into the United States national airspace by 2015. While the thought of prevalent private and public daily drone use might seem implausible now, the combination of this new legislation and the increasing availability of inexpensive, technologically advanced small drones will make it a reality. From detectaphones to pen registers and most recently, the GPS, the Supreme Court has faced a plethora of unreasonable search challenges to the warrantless use of such sense augmentation devices by law enforcement to collect information. Acting as the privacy safeguard of …
