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End-Running Warrants: Purchasing Data under the Fourth Amendment and the State Action Problem

Aaron X. Sobel | September 26, 2023 | Policing

Below is the abstract for “End-Running Warrants: Purchasing Data under the Fourth Amendment and the State Action Problem,” available for download on SSRN. Rather than obtain warrants, law enforcement and intelligence agencies now purchase mass datasets of precise...

The Law of Disposable Children: Searches in Schools

Tonja Jacobi and Riley Clafton | October 14, 2022 | Children and the Law

Below is the abstract for “The Law of Disposable Children: Searches in Schools,” available for download on SSRN. Schoolchildren are being strip-searched based on little or no reasonable suspicion, and schoolchildren are being targeted for searches based on their race,...

Suspicionless Witness Stops: The New Racial Profiling

Michael Gentithes | July 29, 2019 | Policing

ABSTRACTYoung minority men in high-crime neighborhoods are surrounded by poverty and crime, yet distrustful of the police that frequently stop, frisk, and arrest them and their friends. Every encounter with the police carries the potential for a new arrest or...

Digital Surveillance and the Fourth Amendment

Pauline Toboulidis | November 30, 2017 | Data Privacy, Policing

This week, the U.S. Supreme Court heard oral arguments in Carpenter v. United States, where the question presented is whether the Fourth Amendment permits the warrantless seizure and search of a user’s cellphone location and movement information. In Carpenter,...

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