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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
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
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
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
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
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
The Right to Silence v. The Fifth Amendment - University of Chicago The Fifth Amendment to the Constitution guarantees, inter alia, that no person “shall be compelled in any criminal case to be a witness against himself ” 3 After the Court’s ruling in Salinas, the misunderstanding of this right has only grown For the non-lawyer, the Fifth Amendment protects an individual’s right to silence
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
Borders that Bend | The University of Chicago Legal Forum The Fourth Amendment’s prohibition against unreasonable searches and seizures and its warrant requirement stand as the Constitution’s most significant constraints on the federal government’s power to impinge on people’s lives through the threat of surveillance, arrest, or imprisonment