Fourth Amendment Standing and the General Rule of Waiver
As noted by Anthony Amsterdam, two competing perspectives dominate Fourth Amendment jurisprudence.55 On the one hand, there is the “atomistic” perspective, which is the idea that the Fourth Amendment “should be viewed as a collection of protections of atomistic spheres of interest of individual citizens.”56 The Fourth Amendment protects ...
Dwelling in Doubt: Do Tenants Have a Reasonable Expectation of …
The Fourth Amendment of the Constitution provides: “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.”1 A search “occurs when an expectation of privacy that society is prepared to consider reasonable is infringed.”2 The profoundness of this ...
Fourth Amendment Rights of Probationers: The Lack of Explicit …
Griffin was the first case that posited that certain “special needs” led to a recognition of less exacting Fourth Amendment standards to search probationers.182 While Griffin held that supervision, being a “special need” of the State, permitted a degree of infringement upon privacy, it also clarified that it upheld the search at issue ...
Knock and Talks: Faithfully Applying Social Norms to Prevent ...
I. Introduction. Under the Fourth Amendment, the home is protected as “first among equals.”1 Even before the founding, the common law declared property rights to be “sacred.”2 Despite these words of high reverence, a well-established doctrine of American law permits a police officer to approach any house in the country, at nearly any time, for any reason, and stand squarely …
Policing the Police: The Status of Immigration Checks in the …
United States,19 the Supreme Court examined the relevance of a police officer’s intent in temporarily detaining a motorist.20 The Court held that the traffic stop in question and resulting seizure of drugs was reasonable under the Fourth Amendment, because the officers had probable cause to believe the defendants violated the District of ...
The Right to Silence v. The Fifth Amendment - University of Chicago
2017年6月3日 · A plain-meaning reading of the Fifth Amendment means the government cannot require a person to be a witness against himself in any criminal case.187 Unlike the Fourth Amendment, which protects people from unreasonable governmental searches and seizures and often requires the judiciary to balance an individual’s interests against the ...
Constraining Big Brother: The Legal Deficiencies Surrounding …
The Fourth Amendment requires a finding of probable cause to support the issuance of a warrant, and it imposes a reasonableness requirement for searches and seizures conducted without a warrant.82 In other words, “to interfere with a person’s Fourth Amendment rights, law enforcement officers must have either probable cause to search or ...
The Forgotten Residents: Defining the Fourth Amendment …
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.
Borders that Bend | The University of Chicago Legal Forum
In the majority’s view, the Fourth Amendment applies in the United States, where the Border Patrol agent was standing when he shot Sergio, but Sergio was a Mexican citizen standing in Mexican territory when he was killed.74 It is best for the judiciary to follow Congress’ lead and leave “extraterritorial claims brought by foreign ...
Borders and Boundaries | The University of Chicago Legal Forum
2001年9月11日 · A “knock and talk” is a common police practice involving an officer approaching a home and knocking on the front door to speak with a resident. The knock and talk is a long-recognized exception to the Fourth Amendment’s warrant requirement, making it a powerful police tool to access constitutionally protected areas of the home.