
Fourth Amendment Standing and the General Rule of Waiver
As noted by Anthony Amsterdam, two competing perspectives dominate Fourth Amendment jurisprudence.55 On the one hand, there is the “atomistic” perspective, which is the idea that …
Extraction, Retention, and Use: Applying Use-Restrictions to Fourth ...
Touset, 890 F.3d 1227, 1229 (11th Cir. 2018); see also Nathan Alexander Sales, Run for the Border: Laptop Searches and the Fourth Amendment, 43 U. Rich. L. Rev. 1091, 1093 (2009) …
the Fourth Amendment’s protections pose no limit on whose or what electronic data may be collected when a traveler crosses the international border. It is unacceptable to use the Fourth …
Fourth Amendment Rights of Probationers: The Lack of Explicit …
Griffin was the first case that posited that certain “special needs” led to a recognition of less exacting Fourth Amendment standards to search probationers.182 While Griffin held that …
Dwelling in Doubt: Do Tenants Have a Reasonable Expectation of …
Jun 9, 2002 · The Fourth Amendment of the Constitution provides: “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and …
Big Data as a National Security Issue
United States disrupted traditional conceptions of the public sphere by holding that the owner of a mobile phone enjoys Fourth Amendment protection with respect to locational data collected …
Constraining Big Brother: The Legal Deficiencies Surrounding …
The Fourth Amendment requires a finding of probable cause to support the issuance of a warrant, and it imposes a reasonableness requirement for searches and seizures conducted without a …
Policing the Police: The Status of Immigration Checks in the …
United States,19 the Supreme Court examined the relevance of a police officer’s intent in temporarily detaining a motorist.20 The Court held that the traffic stop in question and resulting …
The Right to Silence v. The Fifth Amendment - University of Chicago
Jun 3, 2017 · A plain-meaning reading of the Fifth Amendment means the government cannot require a person to be a witness against himself in any criminal case.187 Unlike the Fourth …
Borders that Bend | The University of Chicago Legal Forum
In the majority’s view, the Fourth Amendment applies in the United States, where the Border Patrol agent was standing when he shot Sergio, but Sergio was a Mexican citizen standing in …