The Fourth Amendment and Common Law

Fourth Amendment First Principles

Terry and Fourth Amendment First Principles

The Limits of Fourth Amendment Injunctions

INTRODUCTION................................................................................... 127 I. THE LAW AND PRACTICE OF FOURTH AMENDMENT INJUNCTIONS ............................................................................ 129 II. THE DIFFICULTY WITH BROAD FOURTH AMENDMENT INJUNCTIONS ............................................................................ 133 CONCLUSION.............

The Fourth Amendment Third-Party Doctrine

In the 1970s, the Supreme Court handed down Smith v. Maryland and United States v. Miller, two of the most important Fourth Amendment decisions of the 20 th century. In these cases, the Court held that people are not entitled to an expectation of privacy in information they voluntarily provide to third parties. This legal proposition, known as the third-party doctrine, permits the government ac...

The Anatomy of a Search: Intrusiveness and the Fourth Amendment

For more than two months beginning in late December of 2005, police officers in New York State continuously monitored the location and movements of Scott Weaver’s van using a surreptitiously attached global positioning system (“GPS”) device, known as a “Qball.” The reason Weaver was targeted for police surveillance has never been disclosed. In addition, law enforcement made no attempt to justif...