4th amendment term paper
Skip to main navigation. The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law. On one side of the scale is the intrusion on an individual's Fourth Amendment rights. On the other side of the scale are legitimate government interests, such as public safety.
History and Scope of the Amendment
To browse Academia. Skip to main content. Log In Sign Up. Papers People. Save to Library. Vagueness Attacks on Searches and Seizures. Abstract: Because many low-level crimes rarely, if ever, serve as the basis for charges in a criminal case that is seriously litigated, Abstract: Because many low-level crimes rarely, if ever, serve as the basis for charges in a criminal case that is seriously litigated, they have long been beyond the reach of the vagueness doctrine, even though many may in fact be unconstitutionally vague.
Police officers often use these indefinite crimes to justify stops and arrests, which can lead to searches that uncover evidence of more serious crimes. But when charges are brought for the more serious offenses, vagueness attacks on the predicate crimes have been rejected.
The thinking has been that arresting officers are not expected to anticipate, as a factual matter, that the law will be struck down in the future. As a result, however, many of the low-level offenses used to justify stops and arrests are insulated from judicial review. In this article, I explore that problem and offer a novel solution based on Heien v. North Carolina, S.
Under Heien, a mistaken interpretation is unreasonable—and therefore a Fourth Amendment violation—when no reasonable judge could have adopted it. That is essentially the same claim made when arguing that a law is unconstitutionally vague. Heien thus creates a backdoor for vagueness challenges in the context of a motion to suppress—solving the insulation problem just described.
The Fourth Amendment protects us against unreasonable seizures and the Eighth Amendment protects us from cruel and unusual punishment. Because the use of deadly force is more akin to punishment than seizure, this comment advocates for As Justice White wrote in Tennessee v.
Despite the fact that most law enforcement experts agree that shooting at a moving vehicle is not an effective way to stop a fleeing motorist, in recent years, hundreds of people were injured or killed by police officers who did just Despite the fact that most law enforcement experts agree that shooting at a moving vehicle is not an effective way to stop a fleeing motorist, in recent years, hundreds of people were injured or killed by police officers who did just that. This article concludes that Supreme Court jurisprudence related to these shooting incidents is at odds with current law enforcement policies.
A review of relevant federal circuit court cases illustrates lower courts disagree on how to evaluate officer conduct in these situations. To reduce the public safety hazard that this widely debunked policing tactic represents, this article recommends that the Supreme Court bring its thinking up to date. In addition, this article encourages state legislatures to consider incorporating a prohibition against firing at or into moving vehicles into state statutes governing the use of deadly force by law enforcement officers.
A new era of criminal investigation has dawned in which decades-old cold cases are being solved through the forensic use of consumer genetic databases. Law enforcement increasingly harnesses the power of these databases to which Law enforcement increasingly harnesses the power of these databases to which individuals have uploaded their DNA in order to explore and understand their genealogy, health, and other highly personal attributes.
By surreptitiously accessing these databases, law enforcement can track down criminal targets based on their family relation to any individuals populating the databases. While a growing number of cases have figured prominently in law enforcement's use of these databases-none has demonstrated the power and reach of these databases as much as the Golden State Killer case.
As that case demonstrates, alongside this new genetic search capability, new legal and ethical concerns emerge. This article identifies, through the example of the Golden State Killer case, those concerns and proposes the kind of balancing test that a court encountering a legal challenge to the forensic use of direct-to-consumer databases should perform. This challenge has not yet been made, but when it is, the courts will have to balance the potent crime-solving benefits of genetic search technology against the privacy interests of the various affected individuals.
In the process, this article also examines applicable legal doctrine from various cases in which courts have grappled with expansive and probing technologies and their threat to reasonable expectations of privacy.
Central foci are the courts' mounting discomfort with the long-established third-party doctrine and, correspondingly, their. Prescott, University of Michigan, co-written with Ben A. Many offenders will be monitored for life. In , however, the Supreme Court decided in Grady v. North Carolina that attaching a GPS monitoring device to a person was a Fourth Amendment search, notwithstanding the ostensibly civil character of the surveillance.
This Essay considers the doctrine and theory of Fourth Amendment reasonableness as it applies to both current and envisioned sex offender monitoring technologies to evaluate whether the Fourth Amendment may serve as an effective check on post-release monitoring regimes. This chapter analyzes the privacy, intellectual property, competition policy, and human rights law implications of the rise of Facebook and the threat of a natural monopoly in social networking.
Facebook instructed its users that it may Facebook instructed its users that it may provide friend lists and other profile information to third parties, as well as to law enforcement when it thinks public safety is at issue. Facebook subsequently became embroiled in patent litigation, democratization movements, and the mass surveillance of unsuspecting users, and this chapter briefly surveys its role in these controversies.
When Google attempted to improve our access to information contained in books and the World Wide Web, copyright litigation began to tie up the process of making content searchable, and resulted in the wrongful removal of access to thousands if not millions of works.
Finally, as social networking and content-sharing sites have proliferated, so have content-detecting tools for finding, flagging, and deleting content that makes one or another corporation or trade association fear for its image or profits. The book provides a legal history of Internet regulation since the mids, with a particular focus on efforts by patent, trademark, and copyright owners to compel Internet firms to monitor their online offerings and remove or pay for any violations of the rights of others.
This article operates at the intersection of privacy law, Fourth Amendment doctrine, and public health policy instigated by the United States drug overdose epidemic.
Reputable reporting sources, public health scholars, and pundits Reputable reporting sources, public health scholars, and pundits frequently frame the ongoing American overdose crisis as a prescription drug overdose problem attributable to the overprescribing of opioid analgesics. This problematic narrative runs counter to the current epidemiological data, which indicate that the majority of American overdose deaths are now a result of illicit and polysubstance drug use and not prescription opioid abuse.
The prescription-centric frame has nonetheless sparked the rapid rise of law enforcement and regulatory surveillance of prescribers and patients in the form of state prescription drug monitoring program PDMP databases.
State PDMPs, which maintain and analyze significant data concerning every dispensed controlled substance, collect a stunning amount of patient protected health information PHI.
To put things in context, Americans filled 4,,, prescriptions at retail pharmacies in alone. PDMPs are largely criminal and regulatory law enforcement tools dressed up in public health promoting rhetoric.
Under the guise of rogue prescriber, pill mill, and doctor shopper crack downs, the Drug Enforcement Administration DEA has made it a routine practice to self-issue administrative subpoenas to conduct warrantless, dragnet-style sweeps of the swarms of sensitive protected health data stored in state PDMP databases. This widespread law enforcement prescribing surveillance tactic, which reveals highly personal health information, including, among other things, patients' contraceptive histories, gender transition decisions, and HIV diagnoses, raises serious constitutional privacy concerns.
But lower courts have But lower courts have applied the Heien rule inconsistently - as it turns out, it is far from self-evident how a court is to recognize when a mistake of law is reasonable. This Comment proposes an analytical approach for courts to apply in considering whether a police mistake of law was reasonable. On this approach, a court confronted with an alleged instance of a reasonable mistake of law should ask, first, whether the predicate criminal statute on which the police officer mistakenly relied would be held ambiguous for purposes of lenity.
Linking Heien to the rule of lenity provides a way to draw on an already-developed jurisprudence about ambiguity in the criminal law. When adjudicating cases dealing with the war powers of the executive, the Supreme Court has a tendency to answer questions limiting individual liberties in terms of the separation of powers rather than the language found in the Bill of When adjudicating cases dealing with the war powers of the executive, the Supreme Court has a tendency to answer questions limiting individual liberties in terms of the separation of powers rather than the language found in the Bill of Rights.
Looking at electronic surveillance in regard to national security post-Katz v. This research reiterates that the requirements of probable cause and reasonableness required by the Fourth Amendment meets lower standards in cases dealing with national security and at times can be forgotten altogether in favor of statutory interpretation.
This article operates at the intersection of privacy law, Fourth Amendment doctrine, and public health realities triggered by the United States drug overdose epidemic. The problem with this narrative is that it runs counter to the current epidemiological data, which indicate that the majority of American overdose deaths are now a result of illicit drug use and not prescription drug abuse.
State PDMPs, which maintain and analyze significant data concerning every dispensed prescription, collect a stunning amount of patient protected health information PHI. United States, however, may limit law enforcement's ability to continue to access droves. The right to privacy has been a longstanding source of contention in the United States.
The Constitution does not make claim to such a right per se. However, the Bill of Rights makes specific claims to privacy.
The ambiguity and necessity The ambiguity and necessity for clarification of a right to privacy has occupied many court circuits. In was ultimately the Supreme Court's decision in Griswold v. Connecticut that legitimized the notion of a general right to privacy.
Unreasonable Reasonableness- Protections under the Fourth Amendment. The university setting is supposed to be a haven for idea sharing and expression. As students began to exercise their First Amendment rights to speak, associate, and protest in the mid-twentieth century, the government deployed invasive tactics to spy on students, professors, and academia at large.
In the following decades, rules were codified that protected students in response to surveillance concerns. Together they form what I call the National Security Fraternity—a network of agencies and university administrations that spy on college students on campuses across the country.
This Article addresses the distinctive issue of government surveillance on college campuses for the purposes of national security. Accordingly, it proceeds as follows. Section II evaluates federal statutory and Constitutional laws in place that govern surveillance, its scope, and its limitations. Section III reveals the relationship between the university and the government that compromises the university-student relationship and jeopardizes the future of American universities.
By assessing the past and current state of government surveillance on college campuses, this Article encourages American universities to reevaluate its National Security Fraternity membership.
The Occupational Safety and Health Act of Marshall, Secretary of Labor, Et Al. Wal-Mart Stores, Related Topics. United States Supreme Court. Follow Following. Student Privacy. Privacy Law. Face Recognition. Public Address. American Catholicism.
ceeded the scope of authorized acquisition continuously” during the term of the metadata collection Fourth Amendment “papers” may be pamphlets and letters. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Most famous of the English cases was Entick v. Entick, an associate of Wilkes, sued because agents had forcibly broken into his house, broken into locked desks and boxes, and seized many printed charts, pamphlets, and the like. Entick v.
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The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Fourth Amendment, U. Constitution is a carefully balanced document, designed for a strong and flexible national government but limited and fair to protect the rights of its citizens.
Search and Seizure: The Meaning of the Fourth Amendment Today
Crearplast S. Student resources from spea j. Fourth amendment anti-terrorism investigations and effects, fourth amendment of the u. Opens a three-judge panel of an online case, the government. By a relaxation of every citizen's right of fourth amendment. And in presidential debates.
Fourth Amendment
To browse Academia. Skip to main content. Log In Sign Up. Papers People. Save to Library. Vagueness Attacks on Searches and Seizures. Abstract: Because many low-level crimes rarely, if ever, serve as the basis for charges in a criminal case that is seriously litigated, Abstract: Because many low-level crimes rarely, if ever, serve as the basis for charges in a criminal case that is seriously litigated, they have long been beyond the reach of the vagueness doctrine, even though many may in fact be unconstitutionally vague.
It prohibits unreasonable searches and seizures.
