Fourth Amendment Commons^™

Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas

Touro Law Review

No abstract provided.

Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell

Touro Law Review

No abstract provided.

Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose

Touro Law Review

No abstract provided.

Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman

Touro Law Review

No abstract provided.

The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen

Touro Law Review

No abstract provided.

It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier

Touro Law Review

No abstract provided.

Social-Network Theory And The Diffusion Of The Search-And-Seizure Exclusionary Rule Among State Courts Between Weeks And Wolf, Laurence A. Benner, Robert Bird, Donald J. Smythe

Brigham Young University Journal of Public Law

No abstract provided.

Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert

Articles

Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …

Making The Most Of United States V. Jones In A Surveillance Society: A Statutory Implementation Of Mosaic Theory, Christopher Slobogin

Vanderbilt Law School Faculty Publications

In the Supreme Court's recent decision in United States v. Jones, a majority of the Justices appeared to recognize that under some circumstances aggregation of information about an individual through governmental surveillance can amount to a Fourth Amendment search. If adopted by the Court, this notion sometimes called "mosaic theory"-could bring about a radical change to Fourth Amendment jurisprudence, not just in connection with surveillance of public movements-the issue raised in Jonesbut also with respect to the government's increasingly pervasive record-mining efforts. One reason the Court might avoid the mosaic theory is the perceived difficulty of implementing it. This article …

Unintentional Levels Of Force In §1983 Excessive Force Claims, Nathan R. Pittman

William & Mary Law Review

No abstract provided.

Brady, Trust, And Error, Samuel R. Wiseman

Scholarly Publications

No abstract provided.

Katz Cradle: Holding On To Fourth Amendment Parity In An Age Of Evolving Electronic Communication, Christopher R. Brennan

William & Mary Law Review

No abstract provided.

Making Rights, Nancy Leong

Sturm College of Law: Faculty Scholarship

By adjudicating cases, courts make constitutional rights. This Article considers the conditions under which this constitutional rights-making should take place. Ideally, constitutional rights-making should occur simultaneously in multiple remedial, factual, and procedural contexts; in reality, however, rights are undesirably confined to a single context. This situation has negative consequences for the endeavor of constitutional rights-making.

As a case study in rights-making, the Article offers a comprehensive quantitative and qualitative analysis of the Fourth Amendment. It presents an original data set cataloging every instance of Fourth Amendment rights-making in the federal appellate courts from 2005 and 2009. That data set shows …

An "Objectively Reasonable" Criticism Of The Doctrine Of Qualified Immunity In Excessive Force Cases Brought Under 42 U.S.C. § 1983, Philip Sheng

Brigham Young University Journal of Public Law

No abstract provided.

Public Education And Student Privacy: Application Of The Fourth Amendment To Dormitories At Public Colleges And Universities, Bryan R. Lemons

Brigham Young University Education and Law Journal

No abstract provided.

Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard

Federal Communications Law Journal

Criminal use of the Internet to circumvent traditional government phone wiretaps has inspired the Obama Administration to create a proposal to expand the Communications Assistance to Law Enforcement Act ("CALEA"). CALEA was passed in 1994 to regulate telephone and broadband companies to ensure compliance with standards to enable government wiretapping. The proposed amendment of CALEA would allow the government to require all communications service providers to meet technical standards necessary to comply with a wiretap order. The expansion of CALEA would likely widen its scope to social networking sites, instant messaging, gaming consoles that allow conversation among multiple players, and …

Davis And The Good Faith Exception: Pushing Exclusion To Extinction?, Eleanor De Golian

Mercer Law Review

To mitigate the effects of unlawful searches and remain faithful to the Fourth Amendment to the United States Constitution, the United States Supreme Court created the exclusionary rule, which requires lower courts to suppress evidence obtained from illegal searches. The Court, however, has recognized exceptions to the exclusionary rule, many of which involve police officers' "good faith" reliance on what they believe to be legal authority to search. In Davis v. United States, the Supreme Court held that, where a police officer relies on binding precedent in performing a search, the Fourth Amendment exclusionary rule will not be used …

Can Social Science Defeat A Legal Fiction? Challenging Unlawful Stops Under The Fourth Amendment, Josephine Ross

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Supreme Court's Contemporary Silver Platter Doctrine, David C. Gray, Meagan Cooper, David Mcaloon

Faculty Scholarship

In a line of cases beginning with United States v. Calandra, the Court has created a series of exceptions to the Fourth Amendment exclusionary rule that permit illegally seized evidence to be admitted in litigation forums collateral to criminal trials. This “collateral use” exception allows the government to profit from Fourth Amendment violations in grand jury investigations, civil tax suits, habeas proceedings, immigration removal procedures, and parole revocation hearings. In this essay we argue that these collateral use exceptions raise serious conceptual and practical concerns. The core of our critique is that the collateral use exception reconstitutes a version of …

One More Good Reason For In-Car Videotaping Of Traffic Stops: An Accurate Assessment Of "Consent", Robert L. White

University of Michigan Journal of Law Reform Caveat

There are a number of reasons why legislative reform mandating the use of in-car cameras in police cruisers would benefit the criminal justice system in Illinois. In-car cameras provide evidence for cases involving traffic violations or intoxicated motorists. They produce instantly available training materials. They also assist victims of police misconduct, as well as officers defending themselves against misconduct claims. This Comment looks to add to this list of benefits the role in-car cameras can play in assessing the validity of consents to search that officers obtain during traffic stops.