Fourth Amendment

Alafair S. Burke, Consent Searches and Fourth Amendment Reasonableness

This Article builds on a growing body of scholarship discussing the role of reasonableness in consent-search doctrine. Although the language of “voluntary consent” implies a subjective inquiry into the state of mind of the person granting consent, the U.S. Supreme Court has repeatedly injected an objective standard of reasonableness into its analysis of a citizen’s […]

Anna P. Hayes, Fernandez v. California and the Expansion of Third-Party Consent Searches

Imagine a day when the police come knocking at your door: you open the door, and the police ask you if they may conduct a warrantless search of your residence. As any good constitutional law student would, you explain to them that you are well aware of your rights under the Fourth Amendment, and that […]

Andrew Guthrie Ferguson, Constitutional Culpability: Questioning the New Exclusionary Rules

This Article addresses the questions left unanswered by the Supreme Court’s recent exclusionary rule cases. The Hudson-Herring-Davis trilogy presents a new and largely unexamined doctrinal landscape for Fourth Amendment suppression hearings. Courts, litigators, and scholars are only now assessing what has changed on the ground in trial practice. Once an automatic remedy for any constitutional […]

Kathleen Carlson, Social Media and the Workplace: How I Learned to Stop Worrying and Love Privacy Settings and the NLRB

Social media has permeated every aspect of society. The use of social media can easily lead to issues in an employment law context when employees suffer adverse employment actions based on the information they choose to share via their personal social media websites. Today’s laws concerning online privacy are in a nebulous state and have […]

Amy E. Pope, Lawlessness Breeds Lawlessness: A Case for Applying the Fourth Amendment to Extraterritorial Searches

It is a priority of the United States to [h]elp partner countries strengthen governance and transparency, break the corruptive power of transnational criminal networks, and sever state–crime alliances. The United States needs willing, reliable and capable partners to combat the corruption and instability generated by TOC  [Transnational Organized Crime] and related threats to governance. We will help international partners develop […]

Caycee Hampton, Confirmation of a Catch-22: Glik V. Cunniffe and the Paradox of Citizen Recording

63 Fla. L. Rev. 1549 (2011)| | | | On October 1, 2007, Simon Glik observed several police officers arresting a young man on the Boston Common. Concerned that the officers were employing excessive force, Glik began to record the arrest with his cell phone. After successfully arresting the young man, an officer asked Glik […]