Scott Michelman, staff attorney for the ACLU, has an article (pdf) in the current issue of UCLA Law Review. Here’s the abstract: The nature and scope of new government electronic surveillance programs in the aftermath of September 11 have presented acute constitutional questions about executive authority, the Fourth Amendment, and the separation of powers. But…
Tag: Fourth Amendment
Article: From Privacy To Liberty: The Fourth Amendment After Lawrence
Thomas P. Crocker has an article (pdf) in the current issue of UCLA Law Review. Here’s the abstract: This Article explores a conflict between the protections afforded interpersonal relations in Lawrence v. Texas and the vulnerability experienced under the Fourth Amendment by individuals who share their lives with others. Under the Supreme Court’s third-party doctrine,…
On Gmail and the Constitution
Ashby Jones writes: Here’s a question: Is it kosher for a law enforcement agency to, pursuant to a lawfully granted search warrant, search your Gmail account without telling you? According to an opinion handed down earlier this year and currently making the rounds on legal blogs (here and here), the answer is yes. The opinion,…
Does a cheek swab for DNA require a warrant?
No, says the Indiana Court of Appeals in Garcia-Torres v. State: After comparing cheek swabs with other searches requiring only reasonable suspicion, we conclude that the DNA sample collection technique at issue here, although minimally invasive, is also one of those limited searches that requires only reasonable suspicion and may therefore be conducted without a…