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  1. Fourth Amendment Rights of Probationers: The Lack of Explicit …

    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 …

  2. 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’ …

  3. Dwelling in Doubt: Do Tenants Have a Reasonable Expectation of …

    Jun 9, 2002 · However, 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 …

  4. Knock and Talks: Faithfully Applying Social Norms to Prevent ...

    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 …

  5. 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 …

  6. 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 …

  7. The Right to Silence v. The Fifth Amendment - University of Chicago

    Jun 3, 2017 · 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, …

  8. 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 …

  9. Second, despite these traditional principles of equity, Elrodestablished a presumption of irreparable harm for First Amendment allegations upon establishing that there was a threat to the First …

  10. 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 …