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Surveillance and the Constitution
(Wayne Law Review, 2009)
My focus will be on the extent to which the Constitution limits government surveillance activities. The details of regulation should be statutory, but the basis for that statutory regulation must be founded on constitutional ...
Technologically-Assisted Physical Surveillance: The American Bar Association's Tentative Draft Standards
(Harvard Journal of Law & Technology, 1997)
As the name implies, the American Bar Association's Tentative Draft Standards Concerning Technologically-Assisted Physical Surveillance is a work in progress...Final approval by the ABA hierarchy is still some time away, ...
Let's Not Bury TERRY: A Call for Rejuvenation of the Proportionality Principle
(St. John's Law Review, 1998)
Thirty years ago, "Terry v. Ohio" established a conceptual framework for the Fourth
Amendment that makes more sense than any alternative the
courts or commentators have come up with since. That frame-work,
which I call ...
Capacity to Contest a Search and Seizure: the Passing of Old Rules and Some Suggestions for New Ones
(American Criminal Law Review, 1981)
Professor Slobogin examines recent Supreme Court decisions involving standing to challenge search and seizure violations, and argues that the Court's commitment to a "totality of the circumstances" approach has permitted ...
Peeping Techno-Toms and the Fourth Amendment: Seeing Through Kyllo's Rules Governing Technological Surveillance
(Minnesota Law Review, 2002)
This article suggests that the Supreme Court's decision in Kyllo v. United States may not be as protective of the home as it first appears. Kyllo held that use of a thermal imager to detect heat sources inside the home is ...
The Liberal Assault on the Fourth Amendment
(2007)
As construed by the Supreme Court, the Fourth Amendment's reasonableness requirement regulates overt, non-regulatory government searches of homes, cars, and personal effects-and virtually nothing else. This essay is primarily ...
Rehnquist and Panvasive Searches
(Mississippi Law Journal, 2013)
In the history of the Supreme Court, William Rehnquist may have been the least friendly justice toward the view that the Fourth Amendment should be read expansively. Even he, however, might have interpreted the amendment ...
Making the Most of United States v. Jones in a Surveillance Society: A Statutory Implementation of Mosaic Theory
(Duke Journal of Constitutional Law & Public Policy, 2012)
In the Supreme Court's recent decision in United States v. Jones, a majority of the Justices appeared to recognize that under some circumstances aggregation of information about an individual through governmental surveillance ...
The Poverty Exception to the Fourth Amendment
(Florida Law Review, 2003)
This essay, written for the Sixth Annual LatCrit conference, explores the subterranean motifs of current rules regulating searches and seizures by the police. More specifically, it investigates whether and to what extent ...
World Without a Fourth Amendment
(UCLA Law Review, 1991)
The subject of this Article is suggested by a single question: How would we regulate searches and seizures if the Fourth Amendment did not exist? This question is a useful one to ask even leaving aside the possibility of ...