STLR Forum

/Fourth Amendment
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Does an Unauthorized Driver have a Societal Expectation of Privacy in a Rental Car for Fourth Amendment Rights?

By: Riona Maharaj, Member-Candidate, J.D. Candidate, May 2019, St. Thomas University School of Law.

Justice Anthony Kennedy stated, “Asking questions is an essential part of police investigation. In the ordinary sense a police officer is free to ask a person for identification without implicating the Fourth Amendment.” The Fourth Amendment allows an officer to conduct a traffic […]

May 2nd, 2018|Blog, Cases, Criminal Law, Fourth Amendment|0 Comments

Cell Site Location Information and the Fourth Amendment

By: Franklin Sandrea-Rivero, J.D. Candidate, May 2019, St. Thomas University School of Law.

On November 29, 2017, the United States Supreme Court heard oral arguments in the case of Carpenter v. United States. This case arose out of a series of robberies involving the theft of hundreds of cellphones. But the issue in this case was not […]

Drones v. Fourth Amendment: Who Prevails?

By: Yamila Lorenzo, Articles Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

The touchstone analysis of the Fourth Amendment is whether an individual has a reasonable expectation of privacy. The home is the most private place in one’s life and the curtilage of the home is also considered part of the home itself for […]

April 2nd, 2018|Blog, Cases, Criminal Law, Fourth Amendment|0 Comments

Law Enforcement Agencies Continued Use of the Handheld-Doppler Radar Device Results in a Complete Erosion of the Castle Doctrine’s Objectives

By: Jessica Vega, Senior Articles Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

“At least 50 U.S. law enforcement agencies quietly deployed radars that let them effectively see inside homes, with little notice to the courts or the public [of when or how the agencies would […]

March 16th, 2018|Blog, Cases, Criminal Law, Fourth Amendment|0 Comments

Black & Poor: The Grave Consequences of Utah v. Strieff

By: Chanae Wood, J.D. Candidate, May 2018, St. Thomas University School of Law.

Abstract

The Supreme Court’s decision in Utah v. Strieff proves to chip away at Fourth Amendment rights, yet again. In Strieff, the Unites States Supreme Court ruled that an arrest warrant is an attenuating circumstance that will purge an illegal stop. This ruling incentivizes […]

Carpenter v. United States: Does the Government Need a Warrant to Obtain Cellphone Location Information?

By: Candice C. Izaguirre, Comments Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

The Fourth Amendment protects “he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. . . ” Does this right apply to cellphone data?

In June 2017, the Supreme Court granted certiorari […]

The Use of Modern Technology Should Not Be An Implied Consent to Governmental Intrusion

By: Jessica Vega, Senior Articles Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

Recently, the United States Supreme Court (“SCOTUS”) granted certiorari in Carpenter v. United States, to determine whether the Fourth Amendment protects individuals against warrantless searches and seizures in the modern technological era, regarding cell-site-location information records (“CSLI”).  Pursuant to the Fourth […]

September 20th, 2017|Blog, Criminal Law, Evidence, Fourth Amendment, Supreme Court|0 Comments

Search Incident to Traffic Stop: An Illusory Extension to the Fourth Amendment

By: Yamila Lorenzo, J.D. Candidate, May 2018, St. Thomas University School of Law.

The Fourth Amendment protects citizens against unreasonable search and seizures. Warrantless searches are per se unreasonable except in well delineated exceptions. One of those exceptions is search incident to arrest, most recently referred to as the Chimel test. The two justifications […]

March 10th, 2017|Blog, Fourth Amendment|0 Comments

Fourth Amendment and Police Misconduct

By: Danielle Capitini, J.D. Candidate, May 2018, St. Thomas University School of Law.

Just three months ago, the United States Supreme Court held that, despite an officer’s “unconstitutional investigatory stop,” the subsequent discovery of an outstanding arrest warrant justified the arrest of an individual. The arrest then warranted a search of that individual “incident to arrest” and […]

October 10th, 2016|Blog, Fourth Amendment|0 Comments