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1
Re, Richard. "Fourth Amendment Fairness". Michigan Law Review, n. 116.8 (2018): 1409. http://dx.doi.org/10.36644/mlr.116.8.fourth.
Testo completoAbstract (sommario):
Fourth Amendment doctrine is attentive to a wide range of interests, including security, informational privacy, and dignity. How should courts reconcile these competing concerns when deciding which searches and seizures are “unreasonable”? Current doctrine typically answers this question by pointing to interest aggregation: the various interests at stake are added up, placed on figurative scales, and compared, with the goal of promoting overall social welfare. But interest aggregation is disconnected from many settled doctrinal rules and leads to results that are unfair for individuals. The main alternative is originalism; but historical sources themselves suggest that the Fourth Amendment calls for new moral reasoning. This Article argues that the Fourth Amendment’s prohibition on “unreasonable searches and seizures” is best understood, at least in large part, as a requirement that police investigation be fair in the sense of being authorized by principles that no rights holder could reasonably reject. This approach is inspired by “contractualist” moral philosophy and has several advantages. It tracks widely held moral intuitions, comports with the Fourth Amendment’s historical meaning, and resonates with underappreciated currents in extant case law. In attending to the perspectives of individuals, contractualism generates rights that are not subject to interest aggregation. At the same time, contractualism suggests a principled way to address new Fourth Amendment questions, consistent with courts’ institutional role. A contractualist approach to Fourth Amendment fairness suggests many ways to refine or reform current doctrine. In terms of refinements, the contractualist approach gives moral content to the notion of “individualized suspicion” by showing when searches and seizures can be justified by a principle of individual responsibility. Contractualism also draws attention to other justifying principles, such as a protection principle, and so explains how and when suspicionless searches and seizures are reasonable. Finally, the contractualist approach identifies areas where current Fourth Amendment doctrine is decidedly unfair and ripe for reform, such as when courts limit rights to avoid diffuse litigation costs, overemphasize “reasonable expectations of privacy,” and ignore the unreasonableness of racial discrimination.
2
Walen, Alec. "Fourth Amendment Rights for Nonresident Aliens". German Law Journal 16, n. 5 (ottobre 2015): 1131–62. http://dx.doi.org/10.1017/s2071832200021064.
Testo completoAbstract (sommario):
AbstractThe U.S. National Security Agency has nearly unlimited authority to spy upon citizens of foreign countries while they are outside the United States. It goes almost without saying that such targeting of U.S. citizens, without any hint of individualized suspicion either of criminal wrongdoing or of being a threat to national security, would be constitutionally prohibited under the Fourth Amendment. However, the dominant view in the American legal community is that there is nothing constitutionally wrong, or even suspect, about such targeting of nonresident aliens.This article argues that the dominant view of the law is wrong both descriptively and normatively. It is wrong with regard to the proper interpretation of the relevant constitutional case law, because that case law is more open ended and unclear than the dominant view represents it as being. And it is wrong with regard to the underlying legal and moral principles that should guide the interpretation and development of constitutional law. Those principles call for recognizing that nonresident aliens enjoy constitutional protection against unjust harms—a point argued for in a companion paper, “Constitutional Rights for Nonresident Aliens.” And those same principles imply that nonresident aliens enjoy the Fourth Amendment's prohibition on unreasonable searches and seizures.
3
Mordechai-Strongin, Ben. "Giving the Fourth Amendment Meaning: Creating an Adversarial Warrant Proceeding to Protect From Unreasonable Searches and Seizures". University of Michigan Journal of Law Reform, n. 56.3 (2023): 951. http://dx.doi.org/10.36646/mjlr.56.3.giving.
Testo completoAbstract (sommario):
For at least the past 40 years, police and prosecutors have had free reign in conducting illegal searches and seizures nominally barred by the Fourth Amendment. The breadth of exceptions to the warrant requirement, the lax interpretation of probable cause, and especially the “good faith” doctrine announced in U.S. v. Leon have led to severe violations of privacy rights, trauma to those wrongly searched or seized, and a court system overburdened by police misconduct cases. Most scholars analyzing the issue agree that the rights guaranteed by the Fourth Amendment—to be free from unreasonable search and seizure—have been severely eroded or even eviscerated by the Supreme Court. Some suggest that in order to revitalize the Fourth Amendment, the United States should make it easier to secure civil damages after Fourth Amendment rights have been violated. Others have argued that the United States must guarantee stronger ex ante protections to uphold fundamental privacy rights before they are violated. This Note argues that, while warrant requirements do need to be more stringent to safeguard Fourth Amendment rights, warrant requirements cannot on their own sufficiently protect such a sacred right. This Note proposes the adoption of adversarial warrant proceedings, designed to ensure police and prosecutors meet their probable cause burden and to ensure that any lies or sloppy investigative work are rooted out from a warrant application before a warrant is granted. False searches and arrests can be deeply traumatizing and have excruciating and long-term impacts. For the Fourth Amendment to have any meaningful affect, the People must have an advocate—a Warrants Counsel— fighting for their right to be free from unreasonable searches before that right is violated. The Roberts Court’s destruction of the Fourth Amendment leaves little reason to expect protection from unreasonable search and seizure through litigation. Instead, Congress must create the Warrants Counsel program legislatively. Congress should look to the major success of the Federal Defenders program as a blueprint for zealous advocacy and protection of rights. A Warrants Counsel, like a public defender, would be a government paid attorney, present to argue against probable cause before a magistrate whenever police or prosecutors seek a warrant. Like the Sixth Amendment before the public defender system, the Fourth Amendment desperately needs some structure to give its language meaning; the Warrants Counsel system would counterbalance over-powered police and prosecutors in favor of the People.
4
Stefkovich, Jacqueline A., e G. Michaele O'Brien. "Students 'Fourth Amendment Rights and School Safety". Education and Urban Society 29, n. 2 (febbraio 1997): 149–61. http://dx.doi.org/10.1177/0013124597029002003.
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Nusbaum, Abigail. "The Modern Border: The Government Can Search . . . Anything?" FIU Law Review 18, n. 2 (2024): 483–520. http://dx.doi.org/10.25148/lawrev.18.2.13.
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The evolution of modern technology has introduced new obstacles in interpreting the Fourth Amendment’s application to searches of peoples’ effects. Specifically, the longstanding exception to the Fourth Amendment permitting searches at the international border in the absence of probable cause does not so neatly apply to forensic searches of cell phones. Consequently, a circuit split has emerged on two aspects of the issue: the scope of the border exception and the requisite level of suspicion within that exception. The Supreme Court should find that forensic cell phone searches at the international border implicate Fourth Amendment privacy interests, requiring the border exception’s scope to be limited to searches for ongoing or imminent criminal border activity. Even within that scope, officials must have reasonable suspicion of such ongoing or imminent criminal activity before conducting a forensic cell phone search. Doing so ensures both security at the international border and individuals’ rights under the Fourth Amendment.
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Zirkel, Perry A., e Ivan B. Gluckman. "Fourth Amendment Privacy Rights in Employee Papers and Desks". NASSP Bulletin 71, n. 500 (settembre 1987): 113–17. http://dx.doi.org/10.1177/019263658707150018.
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Charles, Jacob. "Securing Gun Rights by Statute: The Right to Keep and Bear Arms Outside the Constitution". Michigan Law Review, n. 120.4 (2022): 581. http://dx.doi.org/10.36644/mlr.120.4.securing.
Testo completoAbstract (sommario):
In popular and professional discourse, debate about the right to keep and bear arms most often revolves around the Second Amendment. But that narrow reference ignores a vast and expansive nonconstitutional legal regime privileging guns and their owners. This collection of nonconstitutional gun rights confers broad powers and immunities on gun owners that go far beyond those required by the Constitution, like rights to bring guns on private property against an owner’s wishes and to carry a concealed firearm in public with no training or background check. This Article catalogues this set of expansive laws and critically assesses them. Unlike the formal constitutional guarantee, this broad collection is not solely libertarian, concerned only with guaranteeing noninterference with a negative right. Instead, it is also aggressively interventionist, countermanding contrary policy judgments by employers, universities, property owners, and local government officials, conferring robust rights and privileges, and shifting the distribution of violence in society. This Article underscores the rhetorical and legal connection between this gun-rights expansionism and the formal Second Amendment guarantee. These laws do not derive from a judicial interpretation of the scope of the Constitution, but they are expressed and advocated for in constitutional terms. The Article also highlights how broad gun rights can create unique harm to the body politic and to marginalized groups by fostering fear and mistrust and empowering sometimes-problematic private actors to proactively police their own communities. Finally, the Article shows how gun-rights expansionism influences constitutional doctrine in the context of the Second Amendment, as well as of the First, Fourth, and Fourteenth Amendments.
8
Khalil, Randall. "Aerial Trespass and the Fourth Amendment". Michigan Law Review, n. 121.7 (2023): 1269. http://dx.doi.org/10.36644/mlr.121.7.aerial.
Testo completoAbstract (sommario):
Since 1973, courts have analyzed aerial surveillance under the Fourth Amendment by applying the test from Katz v. United States, which states that a search triggers the Fourth Amendment when a government actor violates a person’s “reasonable expectation of privacy.” The Supreme Court applied Katz to aerial surveillance three times throughout the 1980s, yet this area of the law remains unsettled and outcomes are unpredictable. In 2012, the Supreme Court recognized an alternative to the Katz test in Jones v. United States, which held that a search triggers the Fourth Amendment when a government actor physically intrudes into a constitutionally protected space with the intent to obtain information. Courts have largely avoided applying the Jones intrusion test to aerial surveillance. This Note explores the intersection of the Fourth Amendment, aerial property rights, and government use of drones. It argues that the Jones intrusion test can be a useful doctrinal tool for analyzing aerial surveillance under the Fourth Amendment. This issue will only grow in importance as law enforcement expands its use of use of drone technology.
9
Schulhofer, Stephen J. "On the Fourth Amendment Rights of the Law-Abiding Public". Supreme Court Review 1989 (gennaio 1989): 87–163. http://dx.doi.org/10.1086/scr.1989.3109632.
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Braverman, Irus. "Rights of Passage: On Doors, Technology, and the Fourth Amendment". Law, Culture and the Humanities 12, n. 3 (agosto 2016): 669–92. http://dx.doi.org/10.1177/1743872114520893.
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Coombs, Mary I. "Shared Privacy and the Fourth Amendment, or the Rights of Relationships". California Law Review 75, n. 5 (ottobre 1987): 1593. http://dx.doi.org/10.2307/3480488.
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M., R. H. "Tying Privacy in Knotts: Beeper Monitoring and Collective Fourth Amendment Rights". Virginia Law Review 71, n. 2 (marzo 1985): 297. http://dx.doi.org/10.2307/1073019.
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Crockett, Emily. "Attention All Students: Please Deposit Your Constitutional Rights at the Door". Texas Wesleyan Law Review 10, n. 1 (ottobre 2003): 229–58. http://dx.doi.org/10.37419/twlr.v10.i1.11.
Testo completoAbstract (sommario):
This Note argues that the Court should return to the fact-specific balancing test utilized in Vernonia and close the door to the further expansion of suspicionless drug testing in public schools. Part II of this Note will discuss the steady erosion of Fourth Amendment protections in the school context, as well as the expansion of drug testing outside the school setting. Part III will discuss the factual and procedural background of Pottawatomie and will focus on the Supreme Court's analysis and the dissent's application of the Vernonia standard to Pottawatomie's facts. Part IV will explore the problems and ramifications of the Pottawatomie decision. Part V will offer recommendations for what the Court should do in the future to protect the Fourth Amendment rights of students and prevent the further expansion of drug testing in schools. Part VI will summarize and conclude.
14
Carpenter, Christine. "Privacy and Proportionality: Examining Mass Electronic Surveillance under Article 8 and the Fourth Amendment". International and Comparative Law Review 20, n. 1 (1 giugno 2020): 27–57. http://dx.doi.org/10.2478/iclr-2020-0002.
Testo completoAbstract (sommario):
Summary An individual citizen’s right to privacy has found extensive protection in the modern democratic state. However, with the increase of technological innovation and new kinds of threats, democratic states must grapple with balancing a problem that can never be wholly solved—governments seeking to create the optimal degree of security inevitably conflicts with citizens’ optimal degree of privacy. This article examines one vehicle through which governments have prioritized national security at the expense of individual privacy: mass electronic surveillance. Employing the case study method, this article compares three cases where mass electronic surveillance measures were challenged before the European Court of Human Rights under Article 8 against four cases where such measures were challenged in the U.S. judicial system under the Fourth Amendment. This article seeks to determine how the treatment of privacy infringements created by mass electronic surveillance differs when examined in these two different privacy regimes. I argue the Strasbourg Court’s use of what is known in the literature as the “proportionality analysis” provoked by Article 8(2) allows for more substantial protections of privacy rights in Europe than under the Fourth Amendment in the U.S..
15
Vaughn, Michael S., e Rolando V. del Carmen. "The Fourth Amendment as a Tool of Actuarial Justice: The “Special Needs” Exception to the Warrant and Probable Cause Requirements". Crime & Delinquency 43, n. 1 (gennaio 1997): 78–103. http://dx.doi.org/10.1177/0011128797043001005.
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This article applies the concept of actuarial justice to the “special needs” exception to the Fourth Amendment warrant and probable cause requirements. According to the United States Supreme Court, the “special needs” exception should only apply when the routine interests of law enforcement are not implicated. Lower courts, however, have been instrumental in extending the administrative search doctrine of “special needs” into the realm of criminal law enforcement. The article concludes that as part of the broader movement in criminal justice toward managerial efficiency, the “special needs” exception serves as a tool of actuarial justice by diminishing Fourth Amendment rights.
16
Landers, Shane. "Peffer v. Stephens". Texas A&M Law Review 7, n. 3 (maggio 2020): 647–78. http://dx.doi.org/10.37419/lr.v7.i3.5.
Testo completoAbstract (sommario):
The Fourth Amendment provides for the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. Search warrants may only be issued upon a finding of probable cause. This core tenet of our constitutional republic becomes progressively flexible with every development in Fourth Amendment interpretation. In Peffer v. Stephens, the United States Court of Appeals for the Sixth Circuit delivered the latest blow to constitutional rights that restrict the State from engaging in unprincipled searches. In an issue of first impression, the Sixth Circuit held that a criminal defendant’s alleged use of a computer during the commission of a crime was adequate probable cause to justify a search of the defendant’s home and a seizure of the technological equipment inside. Such a shortsighted justification fails to consider technological innovation, economic policy, and historical civil liberties. Peffer v. Stephens is the latest proof of the parasitic relationship between the law and technological advancement. As technology evolves, the law struggles to keep pace and resultingly impedes economic development. With the exponential growth of technology in the 21st century, a visionary approach to search and seizure law is necessary to promote economic innovation and to refrain from further dismantling Fourth Amendment protections.
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Knox, Ryan. "Fourth Amendment Protections of Health Information After Carpenter v. United States: The Devil's In The Database". American Journal of Law & Medicine 45, n. 4 (novembre 2019): 331–55. http://dx.doi.org/10.1177/0098858819892744.
Testo completoAbstract (sommario):
Every day, companies collect health information from customers and analyze it for commercial purposes. This poses a significant threat to privacy, particularly as the Fourth Amendment protection of this deeply personal information is limited. Generally, law enforcement officers do not need probable cause and a warrant to access these private health information databases; only a subpoena is required, and sometimes nothing at all. The Fourth Amendment protections for health information may, however, have changed after the Supreme Court's 2018 decision in Carpenter v. United States, which held that the Fourth Amendment protects people from warrantless searches of historical cell-site location information possessed by their cell phone providers. The Court explained that, because of the nature of historical cell-site location information, individuals retain a reasonable expectation of privacy despite the information being in the possession of a third party. In reaching its holding, the Supreme Court considered the type of data, the uniqueness of cell-site location information, the impact of technological advancement on privacy, the voluntariness of the disclosure, and the property rights associated with the records. Many of these factors could support heightened Fourth Amendment protection for health information. This Article argues that Carpenter v. United States provides additional protections for future searches of health information in private databases.
18
Alim, Md Abdul. "The Laws of Search, Seizure, and Custodial Interrogation: Searching the Orchard of American Constitution". Economics, Law and Policy 5, n. 1 (7 luglio 2022): p48. http://dx.doi.org/10.22158/elp.v5n1p48.
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The United States Criminal Justice System and court structure are two separate court systems, one at the federal level and another at the state level. In criminal proceedings, many courtrooms principally convict either by trial or by guilty plea, and many result in dismissing cases. It is necessary to examine the scope of the crime problems that criminal courts face and the organizational context as well as the policies in which they operate. The Fourth Amendment rights in particular, limits to searches and seizures are important procedures in the ongoing prosecution of crimes in America. The right of the people to remain secure in persons and properties against unreasonable searches and seizures shall not be violated. The police have the power to search and seize, but individuals are protected against unreasonable police intrusion. The Fifth Amendment Miranda rights protect any person from custodial interrogation by the police. It is required that all arrestees be given their Miranda warnings and if they are invoked they must be scrupulously honoured.
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Theresa Zechman. "When Does an Employer Violate an Employee's Fourth Amendment Rights? Case Law and Applications". Journal of Individual Employment Rights 9, n. 1 (1 gennaio 2000): 13–25. http://dx.doi.org/10.2190/pgl0-eb3j-nvkt-g48v.
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Rosenberg, Leonard X. "Fourth Amendment: Search and Seizure of Property Abroad: Erosion of the Rights of Aliens". Journal of Criminal Law and Criminology (1973-) 81, n. 4 (1991): 779. http://dx.doi.org/10.2307/1143726.
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Slade, David C. "Back to the drawing board: Fourth amendment rights and the marine mammal protection act". Ocean Development & International Law 16, n. 1 (gennaio 1986): 91–101. http://dx.doi.org/10.1080/00908328609545786.
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Totten, Christopher, e James Purdon. "A Content Analysis of Post-Jones Federal Appellate Cases". New Criminal Law Review 20, n. 2 (2017): 233–308. http://dx.doi.org/10.1525/nclr.2017.20.2.233.
Testo completoAbstract (sommario):
The United States Supreme Court in 2012 in United States v. Jones changed the legal test for what constitutes a police search under the Fourth Amendment. After Jones, a search occurs when: (1) an individual’s privacy rights are violated (“Katz” test); and/or (2) an individual’s property is trespassed upon (“Jones” test). From 1967 until Jones, only the Katz test was used. In light of this significant change, this study explores two questions using a content analysis approach: (1) the choice of legal test used by federal appellate courts to decide the “search” question (i.e., the Jones test, Katz test, or both tests), and (2) these courts’ holding regarding whether a “search” occurred. Most of these courts are relying upon Jones in some fashion; however, Jones has not prevented these courts from frequently applying Katz. Though reliance on Jones alone has led to uniform determinations by courts of a “search” and hence enhanced Fourth Amendment protections, overall post-Jones there are nearly an equal number of courts finding a “search” and “no search.” When courts apply Katz alone to evaluate a search, they have held no search occurred. In sum, Jones’ impact on Fourth Amendment search law has been incremental and gradual.
23
Beger, Randall R. "The "Worst of Both Worlds": School Security and the Disappearing Fourth Amendment Rights of Students". Criminal Justice Review 28, n. 2 (settembre 2003): 336–54. http://dx.doi.org/10.1177/073401680302800208.
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Roberts, Nathan, e Richard Fossey. "Searches and Seizures in the School Workplace: What are a Teacher's Rights under the Fourth Amendment?" Journal of Personnel Evaluation in Education 18, n. 1 (gennaio 2005): 79–85. http://dx.doi.org/10.1007/s11092-006-9004-5.
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Margulis, Chloe S., e Brian J. Galli. "GPS Patents and Their Effects on Our Future and Rights". International Journal of Service Science, Management, Engineering, and Technology 9, n. 1 (gennaio 2018): 55–67. http://dx.doi.org/10.4018/ijssmet.2018010105.
Testo completoAbstract (sommario):
The interest in GPS technology has led to the filing of many GPS patents. Although not all the filed patents result in the production of final products, there has been a rise in the question of GPS Technology and its ethical values in relation to privacy, rights, and government surveillance. Aside from covering the above issue, this paper will also discuss the branching of from GPS technology, development, and ethical implications to GIS mapping and RFID tagging in modern society. The main dilemma addressed will focus on the legality of taking people's locations in patented applications, devices, and programs, and using them for various needs, whether the user is aware or unaware of this. Will this be considered an infringement on personal rights and liberties, specifically pertaining to the Fourth Amendment?
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Murphy, Michael C., e Michael R. Wilds. "X-Rated X-Ray Invades Privacy Rights". Criminal Justice Policy Review 12, n. 4 (dicembre 2001): 333–43. http://dx.doi.org/10.1177/0887403401012004005.
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X-rated X-ray machines utilizing backscatter technology are strip-searching unsuspecting travelers as they pass through our nation's border and airport checkpoints. These machines not only check for explosives, drugs, or other contraband, but also are capable of counting hairs on a man's chest or measuring the depth of a woman's navel. At the same time the machines are checking for contraband, they can produce an X-rated image comparable in quality to those found in Playboy magazine. This article focuses on the efficacy of the device, the need to protect society, and individual privacy rights in light of the boundaries provided by Fourth Amendment search and seizure laws. Supporting arguments advanced for use of backscatter technology include (a) the enhanced security to society, (b) reduced invasiveness of the search, and (c) the reduction in health risks associated with the use of the devices. Opposing arguments focus upon the slippery slope and unacceptable degree of intrusion upon the privacy rights of the individual. The article concludes by framing the legal arguments within an analysis of the opportunity costs associated with implementation of the X-rated X-ray devices.
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Edmonson, Stacey L. "The Balance Between Student Drug Testing and Fourth Amendment Rights in Response to Board of Education v. Earls". Education and the Law 14, n. 4 (dicembre 2002): 265–74. http://dx.doi.org/10.1080/0953996022000061369.
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Abdelhameed, Adam Mohamed Ahmed, e Kamal Halili Hassan. "Modern Means of Evidence Collection and their Effects on the Accused Privacy: The US Law". Journal of Politics and Law 12, n. 1 (28 febbraio 2019): 85. http://dx.doi.org/10.5539/jpl.v12n1p85.
Testo completoAbstract (sommario):
The objective of this article is to discuss modern means of evidence collection by the enforcement agencies and their effects on the accused privacy under the United States’ law. Focus of this article is on the modern means of evidence collection such as electronic surveillance, wiretapping and technology eavesdropping, among others. In the age of modern technology, the objective of revealing the truth and instituting justice has encouraged those with an interest in matters of criminal justice to use modern means beside or instead of the conventional means of evidence collection. Resorting to modern means is premised on the need for criminal proceedings to reflect the circumstances and level of progress of the society where it has been taken. The main problem here however is that there is a possibility of the law enforcement interest in prosecution to be favored and the accused rights to be underrated. We found that at the US federal level, the accused’s privacy right is one of the rights included in the Bill of Rights in 1791 (Fourth Amendment) and supported by many case-law. The article adopts a legal analysis approach which is an accepted form of a qualitative method in social science research.
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Tushnet, Mark. "Legal Conventionalism in the U.S. Constitutional Law of Privacy". Social Philosophy and Policy 17, n. 2 (2000): 141–64. http://dx.doi.org/10.1017/s0265052500002144.
Testo completoAbstract (sommario):
Drawing on themes important in moral and political philosophy, much of the scholarship on the constitutional law of privacy in the United States distinguishes between privacy understood as a person's control over information and privacy understood as a person's ability to make autonomous decisions. For example, Katz v. United States (1967) established the framework for analyzing whether police activity constituted a “search” subject to the Fourth Amendment's requirement that the police either obtain a warrant before conducting a search or otherwise act reasonably. The defendant was a professional gambler who knew enough about police techniques to use a public telephone to make his business calls. Police agents attached a listening device to the outside of the phone booth, and sought to use the recordings against the defendant. The Supreme Court agreed with the defendant that the Fourth Amendment had been violated. Justice John Marshall Harlan's influential concurring opinion asserted that a person's privacy, in the sense of control over information, depended on two factors: “that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’” Fourth Amendment cases like Katz involve informational control; they define the circumstances under which the government may acquire information from or about a person without first obtaining the person's agreement. In contrast, cases like Griswold v. Connecticut (1965), which barred the state from making it a criminal offense to use contraceptives, and Roe v. Wade (1973), which restricted the state's power to prohibit or regulate abortions, used the language of privacy rights to protect a much broader interest in autonomous decision-making. Seeing these cases and related ones through lenseees provided by moral and political philosophy, scholars have attempted to describe what a morally sound constitutional law of privacy would be, and the broadest sense, dworkinian. That is, they seek to provide an account of privacy with two characteristics: it is broadly consistent with the relevant constitutional decisions, and it is the most morally attractive account possible that satisfies the requirement of consistency with the decisions.
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Maclin, Tracey. "Byrd v United States: Unauthorized Drivers of Rental Cars Have Fourth Amendment Rights? Not as Evident as It Seems". Supreme Court Review 2018 (maggio 2019): 81–119. http://dx.doi.org/10.1086/702282.
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Eddy, Triono, e Onny Medaline. "Strengthening The Right To Freedom Of Opinion On The Fundamental And Constitutional Rights Of Social Media Users Based On Collaboration Of The 1945 Constitution And The Uu Ite In Indonesia". International Journal of Educational Research & Social Sciences 3, n. 5 (28 ottobre 2022): 2072–77. http://dx.doi.org/10.51601/ijersc.v3i5.502.
Testo completoAbstract (sommario):
Freedom of thought and expression is regulated in the fourth amendment to the 1945 Constitution Article 28 E paragraph (3) Everyone has the right to freedom of association, assembly, and expression. Freedom of expression, including freedom of opinion, is one of the most basic rights in the life of the state. At this time there has been a new law known as cyber law as the equivalent of cyber law, namely a law relating to the use of information technology called Cyber Law and Mayantara Law which is summarized in a statutory regulation, namely Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). The problem of this research is the extent to which the clarity of the regulation of opinion contained in the legislation and then how the legal protection is applied to social media users in terms of expressing their opinions. This research approach is a descriptive normative juridical law research. This study uses materials that are in accordance with the research conducted which is the result of library research, from library research secondary data is collected which includes primary legal materials, secondary legal materials, and tertiary legal materials. The analytical tool used is SWOT. This study aims to examine the right to freedom of expression for social media users in relation to the laws and regulations, namely the 1945 Constitution, the UU ITE, and several cases of violations of the laws and regulations that have occurred and are currently occurring in the community.
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Kumar, Mahendar. "AN AI INFLUENCED SOCIAL CONTRACT: AN ILLUSTRATION OF AMERICAN CONSTITUTION". Social informatics journal 3, n. 1 (30 giugno 2024): 31–37. http://dx.doi.org/10.58898/sij.v3i1.31-37.
Testo completoAbstract (sommario):
This research was intended to highlight how the latest technologies like social media and virtual reality (VR) have influenced upon basic principles of current democratic political system, which includes individual freedom, freedom of speech and individual privacy. Hence, this research has illustrated few constitutional articles of first formally documented social contract- An American constitution. The research explained the need to change the three articles including the first and fourth amendment of “Bill of rights” and section one of the 14th amendment. By that means, the researcher concluded at the end that, if the concept of social contract has to be relevant then it must include terminologies like virtual life, virtual freedom, virtual property, virtual security and virtual establishment in at least those three mentioned constitutional articles. Moreover, the articles were actually enacted in the era when only physical life and property were needed to be secured form external attacks but, the new technologies have changed that landscape. Hence, it is the need of the time to alter the founding principles of American constitution in order to provide safe, secure and peaceful internal and external environment to the American populace.
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Purwadi, Kana, Hendra Sukarman e Dhaneswara Awindra Wijaya. "Legal Certainty: Fulfillment of Human Rights Regarding Health Within Omnibus Law Through Hospital Acreditation". Jurnal Dinamika Hukum 21, n. 2 (12 maggio 2022): 311. http://dx.doi.org/10.20884/1.jdh.2021.21.2.3192.
Testo completoAbstract (sommario):
The second and fourth amendment of 1945 Constitution has placed right to health as a human right. The state is obliged to fulfill health services that consists of promotive, preventive, curative and rehabilitative health services. The state is also obliged to provide a proper health service facility. The term “proper” presuppose to fulfil a particular standard. Since 8th June of 2020 to the inception of the Omnibus Law the hospital accreditation standard is based on the Health Ministry Regulation No. 12 of 2020. The inception of the Omnibus Law on 2nd November of 2020 is impacting the Law No. 44 of 2009 regarding hospital specifically associated with hospital accreditation. This research analyzes the legal certainty of human’s right to health fulfilment within Omnibus Law through the hospital accreditation settings and the urgency under the establishment of Pancasila law. The used research methodology to analyze are normative juridical by examining norms in the legislation system, conducted by researching legal materials and legal documents.Keywords: Legal certainty, omnimbus law, health law, hospital accreditation
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Kočan, Edina. "UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA". Glasnik prava 12, n. 1 (2021): 35–51. http://dx.doi.org/10.46793/gp.1201.035k.
Testo completoAbstract (sommario):
The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.
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Tyc, Aneta. "From the EU-South Korea to the EU-New Zealand free trade agreements: A path leading to a breakthrough in the enforcement of labour rights". Studia Iuridica Toruniensia 32, n. 1 (26 settembre 2023): 269–87. http://dx.doi.org/10.12775/sit.2023.013.
Testo completoAbstract (sommario):
The analysis of the path that led to a breakthrough in the European Commission’s thinking about trade policy in the context of enforcing labour rights turns out to be crucial for formulating further postulates regarding the content of new free trade agreements (FTAs). The arguments contained in the article focus on the problem of the lack of sanctions in FTAs of the fourth generation. The author discusses the EU-South Korea FTA, as it resulted in convening a Panel of Experts whose report contributed to the ratification of ILO Conventions nos. 29, 87 and 98 by South Korea. However, the amendment to Korean legislation has not fully implemented these Conventions. This resulted in a breakthrough in thinking about trade policy. The revision of views on the promotional approach presented by the European Commission was visible in the content of the new FTA concluded in 2022 with New Zealand. It rightly provides for the possibility of sanctions in the event of a serious violation of labour rights, which, according to the author, qualifies it as a FTA of the fifth generation. However, it does not mean that the FTA is perfect. Comparative legal research has led the author to formulate de lege ferenda postulates in this regard.
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Kohl, Uta. "THE RIGHT TO BE FORGOTTEN IN DATA PROTECTION LAW AND TWO WESTERN CULTURES OF PRIVACY". International and Comparative Law Quarterly 72, n. 3 (luglio 2023): 737–69. http://dx.doi.org/10.1017/s0020589323000258.
Testo completoAbstract (sommario):
AbstractData protection law has emerged as an important bulwark against online privacy intrusions, and yet its status within privacy law remains awkward. Its starting point of protecting ‘personal’ rather than ‘private’ information puts it at odds with privacy more generally. Indeed, in its very design, data protection law caters for the protection of public personal information, or personal information which has attained a degree of publicness through disclosure. Building on James Whitman's comparative privacy study, this article argues that data protection law is not the odd bedfellow of privacy law properly so called but may be understood as a manifestation of the Continental European culture of privacy. Its distinctiveness does not lie in its apparent technicality but in its robust openness to privacy in public—an idea that is alien to the Anglo-American culture of privacy. Whilst these two cultures of privacy have long ‘met’ in different jurisdictions, this article locates their enduring influence and antagonism within three contemporary privacy regimes. By taking the right to be forgotten, as an archetypal privacy-in-public right, in the testing context of spent criminal convictions, the article gauges the comparative openness to such claims, first, of the Court of Justice of the European Union as the authoritative voice on General Data Protection Regulation normativity; secondly, of the US judiciary as committed to the First and Fourth Amendment; and, thirdly, of the European Court of Human Rights on Article 8 of the European Convention on Human Rights and its fused Anglo-American and Continental European privacy jurisprudence. It is the latter jurisprudence in particular that highlights the tensions arising from trying to marry the two privacy traditions, or merge data protection and ‘privacy’ law. Yet, these tensions also offer insights and opportunities.
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Sinukaban, Alexander J. "The Existence Of Regional Representative Boards In The Indonesian Representative Institution System". Journal of Law Science 2, n. 1 (30 gennaio 2020): 15–23. http://dx.doi.org/10.35335/jls.v2i1.1607.
Testo completoAbstract (sommario):
The Regional Representative Council is a state institution that has a certain structure, position, task and authority by the 1945 Constitution which has been amended. With the presence of this state institution, it also influences and changes the structure of the people's representative institutions in Indonesia, and also the Indonesian state administration system. In the course of the system of Indonesian representative institutions, there was an institution whose duties and capacities were similar to those of the Regional Representatives Council, namely the Senate. Where the Senate was formed during the validity period of the RIS Constitution, along with the development of the Indonesian state administration, this institution was also erased when the Indonesian Constitution returned to the 1945 Constitution. The existence of this institution was replaced with Regional Representatives and Group Delegates, in which they represented regions and groups. certain groups in Indonesia. The first, second, third, and fourth amendments to the 1945 Constitution gave birth to the Regional Representative Council where with this amendment there was a change in the Indonesian state administration system, where with this amendment the People's Consultative Assembly changed both its structure and position, in its structure the People's Consultative Assembly The People's Representative Council consists of the People's Representative Council and the Regional Representative Council, while its position is no longer the highest state institution, but it is equal to the DPR, DPD, President, and other State Institutions as State High Institutions. The Regional Representative Council has similarities with several similar institutions in other countries, namely the Senate (United States) and the State Council (Malaysia) where they already have a strong position in the parliamentary system in their respective countries.The position, duties, rights, and authorities of the Regional Representatives Council in the Indonesian state administration system do not appear to have the same power as the very powerful House of Representatives. This is what invites debate in the existence of the Regional Representative Council. Where the existence of the Regional Representative Council should be improved and given a position and authority that is equal to the Regional Representative Council.
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Voloshyn, Yuriy, e Vladimir Proschayev. "Intelligence bodies of the state in the mechanism of ensuring the constitutional rights and freedoms of man and citizen: international standards and legislation". Slovo of the National School of Judges of Ukraine, n. 3(32) (18 dicembre 2020): 6–18. http://dx.doi.org/10.37566/2707-6849-2020-3(32)-1.
Testo completoAbstract (sommario):
The place and role of state intelligence bodies in the mechanism of ensuring constitutional rights and freedoms of man and citizen according to international standards and in the light of the newly adopted Laws of Ukraine «On the Foreign Intelligence Service of Ukraine» and «On Intelligence» are studied. It is proved that in Ukraine, as in other post-Soviet states that did not have intelligence legislation, but began to create it after the declaration of independence, the process of constitutional and legal regulation of intelligence agencies consisted of four stages (transitional, initial, basic and modern). Describing each stage, the authors stressed that the Ukrainian legislator is now in the fourth stage, which is characterized by the improvement of already adopted legislation on intelligence activities or the adoption of completely new laws based on new versions or amendments to constitutions (basic laws). It is emphasized that Ukraine has been one of the first states in the territory of the former USSR to adopt the fourth (modern) stage since the adoption of new legislative acts on the activities of intelligence agencies. Undoubtedly, the impetus for this was the amendment of the Constitution of Ukraine on the strategic course of the state to become a full member of Ukraine in the European Union and the North Atlantic Treaty Organization, which radically changed the direction and direction of intelligence use of available forces and means. It is noted that the newly adopted legislation was developed not out of thin air, but based on a set of already adopted regulations that fully reflect the complex threatening situation around Ukraine and clearly indicate the place of intelligence agencies in a single system of national security. It was necessary to summarize all the adopted preliminary normative material and summarize it in new legislative acts, which would in a new way regulate all issues of intelligence functioning in modern difficult conditions. The main positive points in the newly adopted laws are identified, namely: 1) granting categories that were previously used only in the theory of intelligence, the status of legal categories, which indicates the beginning of the process of forming a completely new set of special legal terms; 2) inclusion in the text of a separate article on the observance of human rights and freedoms in the conduct of intelligence activities; 3) inclusion in the Law of Ukraine «On Intelligence» of a separate section on the peculiarities of democratic civilian control over intelligence; 4) granting the right to intelligence agencies to conduct intelligence affairs. It is proposed to consider in the Ukrainian legislation some legal provisions of the legislation of European countries regarding parliamentary control, which, according to the authors, will significantly increase the effectiveness of control. It is substantiated that the Law of Ukraine «On Intelligence» should contain: - a list of principles of intelligence activities must be defined; - the obligation of the authorized judge of the court to draw up a decision on the refusal to grant permission to conduct an intelligence event is more correctly formulated; - the right of intelligence agencies to provide training, retraining and advanced training of persons involved in confidential cooperation, in the manner prescribed by law for intelligence officers, is more clearly defined. It is concluded that the newly adopted laws provide comprehensive guarantees of compliance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and fully reflect the needs of intelligence agencies in the legal regulation of their activities in modern conditions.
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Maras, Marie-Helen, e Adam Scott Wandt. "State of Ohio v. Ross Compton: Internet-enabled medical device data introduced as evidence of arson and insurance fraud". International Journal of Evidence & Proof 24, n. 3 (4 giugno 2020): 321–28. http://dx.doi.org/10.1177/1365712720930600.
Testo completoAbstract (sommario):
The data generated by Internet of Things devices is increasingly being introduced as evidence in court. The first US case involving the introduction of medical data from a pacemaker as evidence of arson and insurance fraud was State of Ohio v Compton. The purpose of this article is three-fold. First, the article explores this case, looking in particular at the facts of the case and the charges brought against the defendant. Second, the article critically examines the decision of the trial court judge during the suppression hearing for the evidence from the pacemaker. In this hearing, the judge ruled that the search and seizure did not violate the Fourth Amendment rights of the defendant and allowed the pacemaker data to be entered as evidence against him. Third, the article considers the implications of this decision for future cases involving Internet-of-Things (IoT) medical data. Ultimately, the constitutional protections of IoT medical device data and the circumstances under which the data from these devices will be collected and used as evidence, are issues that currently demand the attention of legal and digital forensics professionals and warrant public debate.
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McGowan, Catherine. "Geofence Warrants, Geospatial Innovation, and Implications for Data Privacy". Proceedings of the Association for Information Science and Technology 60, n. 1 (ottobre 2023): 661–65. http://dx.doi.org/10.1002/pra2.835.
Testo completoAbstract (sommario):
ABSTRACTGeospatial technologies collect, analyze, and produce information about earth, humans, and objects through a convergence of geographic information systems, remote sensors, and global positioning systems. A microanalysis of Google's U.S. Patent 9,420,426 Inferring a current location based on a user location history (Duleba et al., 2016) reveals how geospatial innovation employs artificial intelligence (AI) to train computer‐vision models, infer, and impute geospatial data. The technical disclosures in patents offer a view within black‐boxed digital technologies to examine potential privacy implications of datafied citizens in a networked society. In patented geospatial innovation, user agency is subverted through AI and anonymous knowledge production.Presently, the Fourth Amendment does not adequately protect citizens in a networked society. Data privacy legal cases are interpreted through a lens of inescapability (Tokson, 2020), which assumes perpetual agency to consent to sharing data. In short, agency‐centered privacy models are insufficient where AI can anonymously produce knowledge about an individual. Privacy implications are exemplified in geofence warrants—an investigative technique that searches location history to identify suspects in a geofenced region in the absence of evidence. This analysis demonstrates that digital privacy rights must expand to datafication models (Mai, 2016) centered on knowledge production.
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Pattra, Lerri. "Pola Pengelolaan Kekayaan Nagari Dan Pemberdayaan Masyarakat Dalam Peningkatan Kesejahteraan". Nagari Law Review 5, n. 1 (31 ottobre 2021): 59. http://dx.doi.org/10.25077/nalrev.v.5.i.1.p.59-68.2021.
Testo completoAbstract (sommario):
One of the objectives of a state is stated in the fourth paragraph of the preamble to the 1945 Constitution, namely for the welfare of the community. After the enactment of the Regional Government Law, regional governments were given the authority to regulate and manage their own regional government affairs. The existence of nagari as a legal community unit in the Unitary State of the Republic of Indonesia has a constitutional basis in Article 18 B paragraph (2) of the 1945 Constitution, the article states "The state recognizes and respects the unity of customary law communities and their traditional rights ...". Before the amendment of the 1945 Constitution, Nagari was recognized as an area with original and special rights. Nagari as the lowest government unit that directly deals with the people in West Sumatra, in its development, is required to be able to empower and provide increased welfare for its people. An important aspect of Nagari autonomy is the authority to regulate (regularend) the household in the form of a legal product known as Nagari Regulation. With the existence of rules, the second aspect of autonomy will be implemented, namely the aspect of managing (besturen). Aspects of regulating according to the authority of the Nagari stipulated in the Nagari Government Law (a) authority based on rights of origin, (b) Village-scale local authority; (c) authority assigned by the Government, Provincial Government, or Regency / Regional Government City; and other authorities assigned by the Government, Provincial Government, or Regency / City Regional Government in accordance with the provisions of statutory regulations. Good management of village wealth and community empowerment will be able to improve community welfare, according to the aspirations of the Indonesian nation
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Pryby, Christopher. "Forensic Border Searches After Carpenter Require Probable Cause and a Warrant". Michigan Law Review, n. 118.3 (2019): 507. http://dx.doi.org/10.36644/mlr.118.3.forensic.
Testo completoAbstract (sommario):
Under the border search doctrine, courts have upheld the federal government's practice of searching people and their possessions upon entry into or exit from the United States, without any requirement of suspicion, as reasonable under the Fourth Amendment. Since the advent of electronic devices with large storage capacities, courts have grappled with whether this definition of reasonableness continues to apply. So far, courts have consistently characterized “nonforensic” border inspections of electronic devices (for example, paging through photos on a phone) as “routine” searches that, like inspecting luggage brought across international lines, require no suspicion. But there is a circuit split over what suspicion the government needs to conduct “forensic” searches that copy data for later inspection. This Note argues that the recent Supreme Court decision in Carpenter v. United States recognized a new balance of privacy rights at the border. Starting in United States v. Jones and continuing through Riley v. California and Carpenter, the Court has developed a theory of data privacy aimed at forestalling the government’s creation of a high-tech panopticon. This new theory, in the context of electronic searches at the border, requires that the balance of government and individual interests be struck in favor of the individual. Probable cause and a warrant, not merely reasonable suspicion, are necessary for a forensic search.
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Kabir, Md Shahin, Mohammad Nazmul Alam e Mohammad Jahid Mustofa. "Information Privacy Analysis: The USA Perspective". International Journal for Research in Applied Science and Engineering Technology 11, n. 10 (31 ottobre 2023): 116–26. http://dx.doi.org/10.22214/ijraset.2023.55945.
Testo completoAbstract (sommario):
Abstract: Informational privacy has become a cornerstone of individual liberties in the United States, gaining prominence in an age where digital technologies and data-driven systems permeate every aspect of daily life. This paper explores the intricate fabric of the United States’ Constitutional Right to Informational Privacy, meticulously tracing its historical roots, dissecting pivotal legal precedents, scrutinizing legislative milestones, and shedding light on contemporary challenges. The paper commences by unraveling the historical foundations of informational privacy, harking back to early legal and philosophical tenets that laid the groundwork for the right to privacy as we know it today. It then pivots to a meticulous analysis of the Fourth Amendment, which, through a series of landmark Supreme Court decisions, extended protection against unreasonable searches and seizures to encompass the realm of electronic communications and data. In an era defined by rapid technological advancements, section four of the paper scrutinizes the implications of the digital age on privacy rights. From electronic surveillance to data collection and cybersecurity, this section elucidates the multifaceted landscape in which informational privacy operates. Key Supreme Court cases, such as Griswold v. Connecticut and Roe v. Wade, which have significantly expanded the ambit of informational privacy, are exhaustively examined in section five. The paper then transitions to section six to an exploration of legislative developments that have sought to safeguard informational privacy, including the Electronic Communications Privacy Act (ECPA) and other federal and state laws like HIPAA, COPPA, and CCPA. However, in an era rife with technological innovations and data-driven commerce, challenges and controversies abound. Section seven investigates ongoing debates surrounding informational privacy, including the conundrum of government surveillance, the specter of data breaches, and the intricacies of online privacy regulation. Section eight delves into the delicate balance between privacy and national security, particularly in the wake of post-9/11 policies and practices. The inherent tension between individual privacy rights and the imperatives of national security forms a critical facet of the contemporary discourse on informational privacy. Anticipating the ever-evolving landscape of information technology and data governance, section nine explores emerging trends and potential future directions in informational privacy law. This section scrutinizes proposed legislation and anticipates the impact of technological advancements on the evolution of privacy rights. Finally, this paper synthesizes the historical trajectory and current state of the constitutional right to informational privacy in the United States. It underscores the enduring relevance of this right in a society where data has become both a precious commodity and a potential threat. As information technology continues to redefine the boundaries of privacy, the protection of informational privacy remains an essential facet of individual liberty and autonomy
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Nuckolls, Clint. "Houston Security Camera Ordinance: Reasonable Safety Measure or Orwellian Surveillance". SMU Science and Technology Law Review 26, n. 1 (2023): 123. http://dx.doi.org/10.25172/smustlr.26.1.8.
Testo completoAbstract (sommario):
A new ordinance went into effect in Houston, Texas in July 2022, which looks to leverage technology and require certain businesses to install surveillance cameras at their own cost and turn footage over to the police on demand without a warrant. The ordinance specifically requires bars, nightclubs, convenience stores, sexually oriented businesses, and game rooms to install surveillance cameras, with accompanying lighting at all places where customers are permitted, keep the cameras running at all times, even when the business is closed, and store the footage for at least thirty days, all at the expense of the business owners. The ordinance looks to use the video camera footage to help law enforcement in identifying and apprehending persons alleged to have committed violent crimes which have been on the rise in Houston in recent years. Advocates say that the requirements imposed by the ordinance are reasonable safety measures which will help to deter crime in the city. Critics of the ordinance argue that this is an Orwellian measure which unfairly targets certain businesses and forces small business owners to bear the cost of these measures. The requirement of the ordinance to turn over video surveillance footage to law enforcement on demand without a warrant, calls in to question several issues around the Fourth Amendment, privacy, and property rights. This note will explore the background of the ordinance, who the ordinance impacts, and potential legal questions the ordinance raises.
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Ifejika, Solomon I. "Protecting Citizens against Bureaucratic Abuse and Maladministration". Age of Human Rights Journal, n. 20 (9 marzo 2023): e7287. http://dx.doi.org/10.17561/tahrj.v20.7287.
Testo completoAbstract (sommario):
In 1975, with Decree No. 31, the Federal Military Government of Nigeria established the Public Complaints Commission as the country’s ombudsman institution. Charging it with the responsibility for protecting the citizen’s rights in the administration, Decree No. 31 was an enabling law to the 1974 report of the Public Service Review Panel instituted by the Military Government in 1974 to appraise and revamp the country’s public service. Following Nigeria’s return to democratic rule in 1999, the Commission’s establishment law became known as the Public Complaints Commission Act, CAP P37 of Laws of the Federation of Nigeria 2004, which sustains its existence and operation in the present Fourth Republic. Notwithstanding, the Commission’s performance has largely remained unsatisfactory for being unable to effectively deliver on its statutory mandate. This conceptual study, therefore, investigates the main factors accounting for the ineffectiveness of the Nigerian ombudsman institution. The study relies on qualitative data generated from secondary sources, which was analyzed using the thematic analysis technique of qualitative data analysis. The work finds that, among other issues, the lack of independence and legal capacity to punish offenders, are the key impediments to the effectiveness of the Commission. The study thus recommends, among other things, the amendment of the Commission’s establishment Act to grant the institution independence from the executive and legislative arms of the Nigerian Federal Government and confer on it punitive powers, as workable measures for repositioning the nation’s ombudsman institution for improved performance.
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Gee, Harvey. "“Bang!”: ShotSpotter Gunshot Detection Technology, Predictive Policing, and Measuring Terry’s Reach". University of Michigan Journal of Law Reform, n. 55.4 (2022): 767. http://dx.doi.org/10.36646/mjlr.55.4.bang.
Testo completoAbstract (sommario):
ShotSpotter technology is a rapid identification and response system used in ninety American cities that is designed to detect gunshots and dispatch police. ShotSpotter is one of many powerful surveillance tools used by local police departments to purportedly help fight crime, but they often do so at the expense of infringing upon privacy rights and civil liberties. This Article expands the conversation about ShotSpotter technology considerably by examining the adjacent Fourth Amendment issues emanating from its use. For example, law enforcement increasingly relies on ShotSpotter to create reasonable suspicion where it does not exist. In practice, the use of ShotSpotter increases the frequency of police interactions, which also increases the risk of Black Americans becoming the victims of police brutality or harassment. Such racialized policing facilitates the status quo of violence and bias against Black Americans. This Article uses recent cases from the D.C., the Fourth, and Seventh Circuits as a foundation to argue that officers arriving on the scene to investigate a gunshot sound they were alerted of via ShotSpotter technology should not be allowed to use the gunshot sound as the basis of reasonable suspicion and subsequent search and seizure. At the heart of this Article is the argument that the use of ShotSpotter technology is unconstitutional under City of Indianapolis v. Edmond because it is not used for a specific law enforcement purpose beyond preventing crime generally. Under the reasoning and result of Edmond, law enforcement is prohibited from using ShotSpotters unless officers have reasons for individualized suspicion. Spending more money on ineffective ShotSpotters placed in “high crime” neighborhoods across America is not the answer to reducing gun violence. As seen with Oakland’s successful Ceasefire program, there are innovative ways to simultaneously build trust in communities and curb gun violence. Indeed, properly designed group violence reduction strategies will foster and maintain dignity for participants in a program tailored to saves lives and promote community healing.
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Clement, Annie. "Civil Rights—The First, Fourth, and Fourteenth Amendments". Journal of Physical Education, Recreation & Dance 64, n. 2 (febbraio 1993): 16–62. http://dx.doi.org/10.1080/07303084.1993.10606693.
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Lwin, Michael. "Privacy issues with DNA databases and retention of individuals' DNA information by law enforcement agencies: the holding of the European Court of Human Rights caseS and Marper v. United Kingdomshould be adapted to American Fourth Amendment jurisprudence". Information & Communications Technology Law 19, n. 2 (giugno 2010): 189–222. http://dx.doi.org/10.1080/13600834.2010.494061.
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Kornhauser, Marjorie E. "Doing the Full Monty: Will Publicizing Tax Information Increase Compliance?" Canadian Journal of Law & Jurisprudence 18, n. 1 (gennaio 2005): 95–117. http://dx.doi.org/10.1017/s0841820900005518.
Testo completoAbstract (sommario):
Publicity of information is a fundamental principle of American democracy. Not only is it instrumental in increasing compliance with the laws, a necessity of any government, but also it is an essential element of the right to know-which itself is an aspect of the first amendment right to free speech. Unfortunately, publicity often conflicts with another fundamental right-the right to privacy. In regards to taxes, citizens essentially have two rights to know: a right to know what the tax laws are, and a right to know that these laws are being administered fairly. Publicity in the tax context traditionally means making tax return information public records in an attempt to ensure the fair administration of the tax laws. This type of publicity, however, generates intense hostility because taxpayers perceive it as a huge invasion of their privacy.After examining the pros and cons of traditional publicity of tax information, this Essay suggests that tax publicity be reconceived more broadly. Redefined in the dictionary sense of simply the transmission of information, tax publicity can include a wide array of communications, varying as to content and audience, which can better achieve publicity’s underlying goals with minimal invasions of privacy. A large portion of publicity in this broad sense can be-and should be-educational.The Essay outlines four publicity proposals to stimulate discussion. Three use the expanded definition of publicity and focus on individual taxpayers: an annual tax statement, a short booklet to accompany the 1040, called Know Your Taxes, and an annual W-4. These essentially educational programs should deliver tax information to taxpayers more effectively than currently occurs. The fourth, more controversial, proposal suggests partial publicity-in the traditional sense. It attempts, however, to minimize the customary objections to publicizing tax return information by reducing invasions of privacy.All the proposals will cost money, but probably less than the costs of enforcing compliance only through increased audits and litigation. They may also have psychic and political costs. Although recent studies show that more informed taxpayers are often more compliant, some of the information may trigger negative attitudes which would decrease compliance and/or create pressure for lower taxes.Regardless of whether taxpayer reactions to the increased information are positive or negative, the greater publicity proposed in the Essay could have salutary effects, especially if it occurred in the context of a rational debate by elected officials about tax policy (instead of the current inflammatory rhetorical sound bites). On the one hand, if taxpayers respond positively to publicity, compliance will increase. If they act negatively, and their hostility to taxes increase, at least the publicity will arm them with more precise information that will allow them to focus their objections to the income tax and thereby lobby more effectively for real tax reform.
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Fidler, Mailyn. "Warranted Exclusion: A Case for a Fourth Amendment Built on the Right to Exclude". SMU Law Review 76, n. 2 (2023): 315. http://dx.doi.org/10.25172/smulr.76.2.5.
Testo completoAbstract (sommario):
Searches intrude; fundamentally, they infringe on a right to exclude. So that right should form the basis of Fourth Amendment protections. Current Fourth Amendment doctrine—the reasonable expectation of privacy test—struggles with conceptual clarity and predictability. The Supreme Court’s recent decision to overturn Roe v. Wade casts further doubt on the reception of other privacy-based approaches with this Court. But the replacement approach that several Justices on the Court favor, what I call the “maximalist” property approach, risks troublingly narrow results. This Article provides a new alternative: Fourth Amendment protection should be anchored in a flexible concept derived from property law—what this Article terms a “situational right to exclude.” When a searchee has a right to exclude some law-abiding person from the thing to be searched, in some circumstance, the government must obtain a warrant before gathering information from that item. Keeping the government out is warranted when an individual has a situational right to exclude; it is exactly then that the government must get a warrant.