Mar 1, 2021 | Article, Feature, Fourth Amendment, Janine Kim
By Janine Kim Abstract This Article considers the role of property rights in defining Fourth Amendment searches. Since United States v. Jones in 2012, the Supreme Court has relied on both privacy and property to determine whether a Fourth Amendment search has...
Sep 1, 2020 | Comment, Constitutional Law, Criminal, Fourth Amendment, Morgan Smith
By Morgan Smith Abstract Under current Supreme Court precedent, the “sniff” of a trained drug detection dog generally does not constitute a search within the meaning of the Fourth Amendment because of the dog’s unique ability to detect contraband items without...
Dec 1, 2019 | Article, David Gray, Fourth Amendment, Privacy Law
By David C. Gray Abstract In 2013, reports based on documents leaked by former National Security Agency contractor Edward Snowden revealed committed efforts by federal agencies to develop and deploy data surveillance technologies. These revelations documented the...
Jun 1, 2018 | Case Note, Fourth Amendment, Tammie Beassie Banko
By Tammie Beassie Banko Abstract To determine whether a state action violates the Fourth Amendment, the Supreme Court employs a balancing test, weighing on the one hand “the degree to which [the action] intrudes upon an individual’s privacy and . . . the degree to...
Jun 1, 2017 | Article, Fourth Amendment, Julian A. Cook III
By Julian A. Cook III Abstract On June 20, 2016, the United States Supreme Court decided Utah v. Strieff, a case that has received little public attention yet carries enormous implications. The case centered upon the exclusionary rule, which, as a general matter,...
Mar 1, 2017 | Case Note, Fourth Amendment
By Caroline Hunt Abstract In United States v. Allen, the Second Circuit faced the topic of a circuit split and held that in order to determine the constitutionality of “across the threshold” warrantless arrests, courts need only look to the location of the arrested...
Dec 1, 2014 | Article, Criminal Procedure, Evidence, Fourth Amendment, Jenia I Turner
By Jenia I. Turner Abstract Throughout South America, Southern and Eastern Europe, and East Asia, more than two dozen countries have transitioned to democracy since the 1980s. A remarkable number of these have adopted an exclusionary rule (mandating that evidence...
Mar 1, 2012 | Adrienne Lewis, Case Note, Fourth Amendment
By Adrienne Lewis Abstract In Bogan v. City of Chicago, the Seventh Circuit held that in § 1983 civil actions for unreasonable search, the plaintiff bears the burden of proving the absence of exigent circumstances. The Fourth Amendment protects “[t]he right of...
