The Supreme Court has held that an individual relinquishes any Fourth Amendment interest in information that he or she voluntarily discloses to a third party. Known as the "Third Party Doctrine," this controversial rule is increasingly problematic in an age where a large proportion of personal communications and transactions are carried out over the Internet. Internet users expose virtually all of the information they generate online-e-mails, web-surfing histories, search terms, and more-to online service providers. As such, many scholars have assumed that Internet information will be unprotected by the Fourth Amendment. Yet the information disclosed to these online third parties is generally not exposed to human beings at all; rather, it is processed entirely by automated equipment. Ne...
Adding to the Fourth Amendment "reasonableness" debate, Professor Bellin argues that the Supreme Court should factor in a new variable-crime severity-to determine whether a search is reasonable. After advocating for its adoption, the article presents a framework for incorporating crime severity into Fourth Amendment doctrine.
Despite no search warrant, U.S. Magistrate Judge H. Kenneth Schroeder, Jr. determined the police's search of a vehicle did not violate the Fourth Amendment rights of the defendant, Darry Matos. In United States v. Darry Matos, the judge in his report and recommendation for the U.S. District Court for the Western District of New York advised the court to deny Matos' request to suppress as evidence the cocaine discovered by police during a search of a car where Matos was the passenger. Specifically, the judge determined the search was not unlawful since the police had a reasonable suspicion that there were drugs in the car and since Matos and the driver of the car gave the officers consent to search.
Introduction II. The Logic Of The Hudson Opinions: Majority Premises, Concurring Qualifications, And Dissenting Challenges A. The Majority B. The Kennedy Concurrence C. The Dissent III. Tasting Hudson's Porridge: Possible Extremes And More Likely Middle Grounds A. Narrow Understandings Of Hudson:"Too Cold," "Too Small," "Too Soft" Morals Ofthe Story B. Broad Understandings Of Hudson: "Too Hot," "Too Large," "Too Hard "Morals Ofthe Story C. Middle-Ground Interpretations Of Hudson: Searching For "Justright"Morals Of The Story 1. The Causation Predicate: The Severability of Fourth Amendment Events 2. The Attenuation Exception: A Second Branch Sprouts 3. The Cost-Benefit Exception: A Somewhat Creative Use of Familiar Premises IV. Conclusions
[...] scholars argue that consent searches are not supported by the Constitution on their face because "reasonable" searches are founded on probable cause, and consent does not,per se, provide law enforcement officers with the requisite probable cause to validate a search.17 Second, condemning the weak standard of "voluntariness" by which courts determine the validity of a person's consent,18 scholars question whether an individual's consent can ever be genuinely voluntary in the face of government authority.19 If consent cannot possibly be given voluntarily in the face of government authority, then all consents are coerced, which renders all consents constitutionally invalid.20 The doctrinal justifications for targeted-party consent searches have been roundly criticized. A targeted-pa...
Many scholars bemoan recent court decisions that all but abolish the Fourth Amendment in public schools. Both scholars and dissenting judges largely confine these protests to the impact upon students and rights within the schoolhouse gate, perhaps because courts themselves purport to limit their decisions to the school context. This Note looks critically at recent school-search jurisprudence with a different concern: that diluting the Fourth Amendment rights of students in public schools dilutes the Fourth Amendment rights of all Americans. It explores the interactions between school-search cases and other search cases and argues that these interactions produce a "Domino Effect"; as courts revise legal standards and show great deference for school searches in an effort to uphold them, t...
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