Fourth Amendment Commons^™

Everyman's Exclusionary Rule: The Exclusionary Rule And The Rule Of Law (Or Why Conservatives Should Embrace The Exclusionary Rule), Scott E. Sundby

Articles

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, Jason D. Medinger

University of Baltimore Law Review

No abstract provided.

Comments: The Hidden Cost Of Rod And Rifle: Why State Fish And Game Laws Must Be Amended In Order To Protect Against Unreasonable Search And Seizure In The Great Outdoors, Bryan M. Mull

University of Baltimore Law Review

No abstract provided.

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.

'Lonesome Road': Driving Without The Fourth Amendment, Lewis R. Katz

Faculty Publications

American states and municipalities have so many minor traffic regulations that every time a driver gets behind the wheel of a car he or she is likely to commit multiple violations. The violation of any traffic regulation empowers police officers to stop the vehicle, ticket and, in some states, arrest the motorist. Police are physically unable to stop and ticket, let alone arrest, every motorist committing a traffic violation. Instead, police are vested with unlimited discretion when choosing which motorists to stop, warn, ticket, or arrest. So long as there is probable cause for a traffic violation, courts will not …

American Bar Association Criminal Justice Standards On Law Enforcement Access To Third Party Records, Stephen E. Henderson

Faculty Books and Book Chapters

Drafted over the past six years and adopted by the American Bar Association (ABA) House of Delegates in February, 2012, these Criminal Justice Standards on Law Enforcement Access to Third Party Records provide much needed guidance to legislatures, courts, and administrative agencies having to decide how to regulate law enforcement access to existing records in the hands of third parties. It is the first framework of its kind, and it can do much to improve the current system of ad hoc protections in both state and federal systems. Decision makers are struggling to determine when to permit law enforcement access …

“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.

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.

Supreme Court Fortifies Qualified Immunity For Law Enforcement Officers In Warrant Cases, Martin Schwartz

Scholarly Works

This article analyzes the significance of the United States Supreme Court decision in Messerschmidt v. Millender, 132 S.Ct. 1652 (2012), upon §1983 Fourth Amendment claims asserted against state and local law enforcement officers who apply for and enforce warrants. Millender held that police officers who sought and executed a very broad warrant authorizing them to search a residence for guns and gang related material were protected by qualified immunity. The author asserts that §1983 plaintiffs, who seek to recover damages based upon either the application or execution of an allegedly unconstitutional warrant, will now have to overcome various layers of …

Supreme Court Holds Grand Jury Witnesses Absolutely Immune From § 1983 Liability, Martin Schwartz

Scholarly Works

This article discusses the Supreme Court's ruling in Rehberg v. Paulk, 132 S. Ct. 1497 (2012), which extended the absolute witness immunity recognized in Briscoe v. LaHue, to grand jury witnesses. In an unanimous opinion, written by Justice Samuel A. Alito, Jr., the Court held that grand jury witnesses are absolutely immune from §1983 liability for their testimony, and even for conspiring to give false testimony.

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, Jesse Drum

Indiana Law Journal

No abstract provided.

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 …

Random, Suspicionless Searches Of Students' Belongings: A Legal, Empirical, And Normative Analysis, Jason P. Nance

UF Law Faculty Publications

This Article provides a legal, empirical, and normative analysis of an intrusive search practice used by schools officials to prevent school crime: random, suspicionless searches of students’ belongings. First, it argues that these searches are not permitted under the Fourth Amendment unless schools have particularized evidence of a weapons or substance problem in their schools. Second, it provides normative considerations against implementing strict security measures in schools, especially when they are applied disproportionately on minority students. Third, drawing on recent restricted data from the U.S. Department of Education’s School Survey on Crime and Safety, it provides empirical findings that raise …

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 …

Can't Escape From The Memory: Social Media And Public Sector Labor Law, William A. Herbert

Publications and Research

The Web 2.0 communicative revolution is impacting many fields of law, including labor and employment law. This article focuses upon the application and impact of statutory and constitutional doctrines on the use of social media in public employment in the United States. As part of that analysis, it will compare and contrast developments under the National Labor Relations Act, state collective bargaining and tenure laws and the First Amendment concerning social media. Through this comparative analysis, the article will highlight the distinctions and similarities of public sector labor law and their implications for the future.

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 …

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.

Fighting Cybercrime After United States V. Jones, David C. Gray, Danielle Keats Citron, Liz Clark Rinehart

Faculty Scholarship

In a landmark non-decision last term, five Justices of the United States Supreme Court would have held that citizens possess a Fourth Amendment right to expect that certain quantities of information about them will remain private, even if they have no such expectations with respect to any of the information or data constituting that whole. This quantitative approach to evaluating and protecting Fourth Amendment rights is certainly novel and raises serious conceptual, doctrinal, and practical challenges. In other works, we have met these challenges by engaging in a careful analysis of this “mosaic theory” and by proposing that courts focus …

Effective Remedies For Ineffective Assistance, Jenia I. Turner

Faculty Journal Articles and Book Chapters

In two recent cases, Missouri v. Frye and Lafler v. Cooper, the Supreme Court affirmed that criminal defendants have a right to competent counsel during plea bargaining. The Court also established that the injury caused by ineffective assistance is not mooted by the subsequent conviction of the defendant at trial. The cases were broadly celebrated for clarifying that the Sixth Amendment applies fully to plea bargaining — the standard process by which our justice system resolves criminal cases today.

The most significant and surprising part of Lafler, however, was the Court’s holding concerning remedies. The Court held that trial courts …