Indecent Exposure: Do Warrantless Searches Of Cell Phones Violate The Fourth Amendment?,
2012
University of New Hampshire School of Law
Indecent Exposure: Do Warrantless Searches Of Cell Phones Violate The Fourth Amendment?, Amy Vorenberg
Law Faculty Scholarship
This article argues that searches of student’s cell phone should require a warrant in most circumstances. The amount and personal nature of information on a smart phone warrants special Fourth Amendment protection. This issue is particularly relevant in the public school setting where administrators routinely confiscate phones from students caught using them in school. With more frequency, administrators are looking at the phones, scrolling through text messages and photos, and on some occasions, responding to text messages.
The U.S. Supreme Court in Safford v. Redding, acknowledges the special considerations that school children should be afforded in part because of the …
The Latest 4th Amendment Privacy Conundrum: "Stingrays",
2012
University of Michigan Law School
The Latest 4th Amendment Privacy Conundrum: "Stingrays", Max Bulinksi
University of Michigan Journal of Law Reform Caveat
Wired is reporting renewed hubbub regarding statutory and Fourth Amendment protections of individuals’ privacy in the digital age. This time, it comes in the form of federal officers using a fake cellphone tower (called a “stingray”) to locate their suspect, Mr. Rigmaiden, by tracking the location of his cellphone. According to an affidavit submitted to the court, the stingray only captures the equivalent of header information – such as the phone or account number assigned to the aircard as well as dialing, routing and address information involved in the communication.
Signal Lost: Is A Gps Tracking System The Same As An Eyeball?,
2012
University of Michigan Law School
Signal Lost: Is A Gps Tracking System The Same As An Eyeball?, Eric Andrew Felleman
University of Michigan Journal of Law Reform Caveat
On November 8th, the Supreme Court will hear arguments in United States v. Jones. One of the primary issues in the case is whether law enforcement personnel violated Mr. Jones' Fourth Amendment right to freedom from unreasonable searches and seizures by using a GPS tracking device to monitor the location of his car without a warrant. The 7th Circuit and the 9th Circuit have both recently held that use of GPS tracking is not a search under the Fourth Amendment.
Anonymous Tips Alleging Drunk Driving: Why "One Free Swerve" Is One Too Many,
2012
University of Oklahoma College of Law
Anonymous Tips Alleging Drunk Driving: Why "One Free Swerve" Is One Too Many, James Michael Scears
Oklahoma Law Review
No abstract provided.
No More Chipping Away: The Roberts Court Uses An Axe To Take Out The Fourth Amendment Exclusionary Rule,
2012
University of Florida Levin College of Law
No More Chipping Away: The Roberts Court Uses An Axe To Take Out The Fourth Amendment Exclusionary Rule, Tracey Maclin, Jennifer Rader
UF Law Faculty Publications
This article considers the current status of the Fourth Amendment exclusionary rule under the Roberts Court, as well as what the future holds for the rule. Despite Justice Kennedy’s 2006 declaration that “the continued operation of the exclusionary rule, as settled and defined by our precedents, is not in doubt,” this Article demonstrates why this is not the case. Kennedy’s statement is noteworthy and has been accorded substantial weight primarily because it was made at a time when it was thought that four Justices (Chief Justice Roberts, and Justices Scalia, Thomas, and Alito) were prepared to announce the demise of …
Expectations Of Privacy In Social Media,
2012
University of Oklahoma College of Law
Expectations Of Privacy In Social Media, Stephen E. Henderson
Faculty Articles
This article, which largely tracks my remarks at Mississippi College’s Social Media Symposium, examines expectations of privacy in social media such as weblogs (blogs), Facebook pages, and Twitter tweets. Social media is diverse and ever-diversifying, and while I address some of that complexity, I focus on the core functionality, which provides the groundwork for further conversation as the technology and related social norms develop. As one would expect, just as with our offline communications and other online communications, in some we have an expectation of privacy that is recognized by current law, in some we have an expectation of privacy …
Sacrificing Liberty For Security: North Carolina's Unconstitutional Search And Seizure Of Arrestee Dna,
2012
Campbell University School of Law
Sacrificing Liberty For Security: North Carolina's Unconstitutional Search And Seizure Of Arrestee Dna, Michael J. Crook
Campbell Law Review
This Comment examines the constitutionality of North Carolina’s DNA Database Act of 2010. The Act is a newly passed expansion of the existing state DNA database, and this Comment argues that North Carolina’s expansion authorizes a constitutionally impermissible, mandatory, suspicionless, and warrantless search and seizure of DNA and the information contained therein. With warrantless searches, the default rule is that they are “per se unreasonable under the Fourth Amendment— subject only to a few specifically established and well-delineated exceptions.” The Act should not survive Fourth Amendment scrutiny because it does not qualify as a well-delineated exception to the warrant requirement: …
Post-Racialism And Searches Incident To Arrest,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Post-Racialism And Searches Incident To Arrest, Frank Rudy Cooper
Scholarly Works
For 28 years the Court held that an officer's search incident to arrest powers automatically extended to the entire passenger compartment of a vehicle. In 2009, however, the Arizona v. Gant decision held that officers do not get to search a vehicle incident to arrest unless they satisfy (1) the Chimel v. California Court's requirement that the suspect has access to weapons or evanescent evidence therein or (2) the United States v. Rabinowitz Court's requirement that the officer reasonably believe evidence of the crime of arrest will be found therein. While many scholars read Gant as a triumph for civil …
A Unified Theory For Seizures Of The Person,
2012
University of Richmond
A Unified Theory For Seizures Of The Person, Ronald J. Bacigal
Law Faculty Publications
Perhaps there is something about the final stages of their careers that causes people to resolve conflicts by reconciling the seemingly irreconcilable. Albert Einstein spent the last days of his career searching for a unified field theory that would eliminate the contradictory laws governing relativity and quantum mechanics. Stephen Hawking has taken up this quest which has been renamed a search for the Theory of Everything. On a “slightly” more modest level, I find the later stages of my career drawing me toward formulating a unified theory governing seizures of the person. The challenge is to blend three different tests …
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
Scholarly Works
No abstract provided.
Getting Back To The Fourth Amendment: Warrantless Cell Phone Searches,
2012
New York Law School
Getting Back To The Fourth Amendment: Warrantless Cell Phone Searches, Mireille Dee
NYLS Law Review
No abstract provided.
Growing Up Policed In The Age Of Aggressive Policing Policies,
2012
John Jay College of Criminal Justice
Growing Up Policed In The Age Of Aggressive Policing Policies, Brett G. Stoudt, Michelle Fine, Madeline Fox
NYLS Law Review
No abstract provided.
Technological Leap, Statutory Gap, And Constitutional Abyss: Remote Biometric Identification Comes Of Age,
2012
Georgetown University Law Center
Technological Leap, Statutory Gap, And Constitutional Abyss: Remote Biometric Identification Comes Of Age, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
Federal interest in using facial recognition technology (“FRT”) to collect, analyze, and use biometric information is rapidly growing. Despite the swift movement of agencies and contractors into this realm, however, Congress has been virtually silent on the current and potential uses of FRT. No laws directly address facial recognition—much less the pairing of facial recognition with video surveillance—in criminal law. Limits placed on the collection of personally identifiable information, moreover, do not apply. The absence of a statutory framework is a cause for concern. FRT represents the first of a series of next generation biometrics, such as hand geometry, iris, …
Advisory Adjudication,
2012
Georgetown University Law Center
Advisory Adjudication, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
The Supreme Court decision in Camreta v. Greene is revealing. The Court first issues an opinion authorizing appeals by prevailing parties in qualified immunity cases, even though doing so entails the issuance of an advisory opinion that is not necessary to resolution of the dispute between the parties. And the Court then declines to reach the merits of the underlying constitutional claim in the case, because doing so would entail the issuance of an advisory opinion that was not necessary to the resolution of the dispute between the parties. The Court's decision, therefore, has the paradoxical effect of both honoring …
Due Process In American Military Tribunals After September 11, 2001,
2012
Touro Law Center
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Touro Law Review
The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"
The Rise, Decline And Fall(?) Of Miranda,
2012
University of Michigan Law School
The Rise, Decline And Fall(?) Of Miranda, Yale Kamisar
Articles
There has been a good deal of talk lately to the effect that Miranda1 is dead or dying-or might as well be dead.2 Even liberals have indicated that the death of Miranda might not be a bad thing. This brings to mind a saying by G.K. Chesterton: "Don't ever take a fence down until you know the reason why it was put up."4
Bringing Clarity To Administrative Search Doctrine: Distinguishing Dragnets From Special Subpopulation Searches,
2012
University of Michigan Law School
Bringing Clarity To Administrative Search Doctrine: Distinguishing Dragnets From Special Subpopulation Searches, Eve Brensike Primus
Articles
Anyone who has been stopped at a sobriety checkpoint, screened at an international border, scanned by a metal detector at an airport or government building, or drug tested for public employment has been subjected to an administrative search or seizure. Searches of public school students, government employees, and probationers are characterized as administrative, as are business inspections and-increasingly-wiretaps and other searches used in the gathering of national security intelligence. In other words, the government conducts thousands of administrative searches every day. None of these searches requires either probable cause or a search warrant. Instead, courts evaluating administrative searches need only …
Camreta And Al-Kidd: The Supreme Court, The Fourth Amendment, And Witnesses,
2012
Penn State Law
Camreta And Al-Kidd: The Supreme Court, The Fourth Amendment, And Witnesses, Kit Kinports
Faculty Scholarship
Although few noticed the link between them, two Supreme Court cases decided in the same week last Term, Ashcroft v. al-Kidd and Camreta v. Greene, both involved the Fourth Amendment implications of detaining witnesses to a crime. Al-Kidd, an American citizen, was arrested under the federal material witness statute in connection with an investigation into terrorist activities, and Greene, a nine-year-old suspected victim of child abuse, was seized and interrogated at school by two state officials. The opinions issued in the two cases did little to resolve the constitutional issues that arise in witness detention cases, and in fact …
Predictive Policing And Reasonable Suspicion,
2012
American University Washington College of Law
Predictive Policing And Reasonable Suspicion, Andrew Ferguson
Scholarly Articles in Law Reviews & Journals
Predictive policing is a new law enforcement strategy to reduce crime by predicting criminal activity before it happens. Using sophisticated computer algorithms to forecast future events from past crime patterns, predictive policing has become the centerpiece of a new smart-policing strategy in several major cities. The initial results have been strikingly successful in reducing crime.This article addresses the Fourth Amendment consequences of this police innovation, analyzing the effect of predictive policing on the concept of reasonable suspicion. This article examines predictive policing in the context of the larger constitutional framework of “prediction” and the Fourth Amendment. Many aspects of current …
The Fourth Amendment,
2012
Parkland College
The Fourth Amendment, Ethan Payne
A with Honors Projects
This projects explains the fourth amendment using skits and a PowerPoint presentation.
