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  • Fourth Amendment Standing and the General Rule of Waiver
    Furthermore, the main purpose of the Fourth Amendment is to ensure and protect individual privacy Courts might prefer waiver of these arguments because it errs on the side of protecting defendants’ privacy and Fourth Amendment rights
  • Dwelling in Doubt: Do Tenants Have a Reasonable Expectation of Privacy . . .
    I IntroductionHowever, over the years, courts have disagreed over the degree of protection that the Fourth Amendment affords Currently, the federal circuit courts are split as to whether a tenant who lives in an apartment has a reasonable expectation of privacy in the common areas of their building under the Fourth Amendment The First, Third, Seventh, Eighth, and Ninth Circuits hold that
  • Knock and Talks: Faithfully Applying Social Norms to Prevent . . .
    Fourth Amendment jurisprudence already treats knock and talks differently than other warrantless entries of the home Additionally, while other exceptions to the warrant requirement depend on fact-specific circumstances and are therefore limited in their applicability, knock and talks enjoy extremely broad authorization
  • Fourth Amendment Rights of Probationers: The Lack of Explicit Probation . . .
    Supreme Court precedent on the Fourth Amendment rights of probationers and parolees consists of three main cases In Griffin v Wisconsin, 17 the Supreme Court upheld warrantless searches of probationers’ homes under the “special needs” doctrine of the Fourth Amendment
  • Extraction, Retention, and Use: Applying Use-Restrictions to Fourth . . .
    It is unacceptable to use the Fourth Amendment border exception to not only search, but also copy, retain, query, and share traveler data, with little evidence to support the action Use of data gathered under the border exception should be lim-ited to the purpose of the border exception: protecting the border This Comment proposes that Fourth Amendment doctrine at the border should apply use
  • Extraction, Retention, and Use: Applying Use-Restrictions to Fourth . . .
    Annually, agents collect the forensic digital data of over 40,000 international travelers This Comment addresses the splintering doctrine between the First, Fourth, Ninth, and Eleventh Circuits regarding the Fourth Amendment limitations to performing forensic electronic searches at the border Use restrictions consider each use of data—extracting, retaining, querying, and sharing—as a
  • Policing the Police: The Status of Immigration Checks in the Context of . . .
    There is a binary system of Fourth Amendment rights of non-citizens, depending on where an individual is in relation to the nation’s borders With a focus on combatting unlawful immigration and contraband entering the United States, the Supreme Court created an exception to the warrant and probable cause requirements for searches and seizures
  • Extraction, Retention and Use Applying Use-Restrictions to Fourth . . .
    Extraction, Retention and Use Applying Use-Restrictions to Fourth Amendment Forensic Electronic Device Search Doctrine at the Border pdf
  • The Forgotten Residents: Defining the Fourth Amendment “House” to the . . .
    Comment The Forgotten Residents: Defining the Fourth Amendment “House” to the Detriment of the Homeless Lindsay J Gus B A 2013, Tulane University; J D Candidate 2017, The University of Chicago Law School
  • Constraining Big Brother: The Legal Deficiencies Surrounding Chicago’s . . .
    The Fourth Amendment provides the logical starting point for an analysis of the constitutionality of an enforcement-related police practice, as this area of the Constitution deals most directly with law enforcement The Fourth Amendment provides that:





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