By Amber Pavuscko, Staff Writer In January 2020, a 14-year-old girl went missing and few leads were available. [1] From hundreds of miles away, a prosecutor volunteered widely available commercial data from cellphones to use in the investigation. [2] This data includes users’ locations which can be bought and used […]
Post Tagged with: "Fourth Amendment"
Hicks and the Terry Stop
Photo provided by courtesy of Pixabay.com By Jonathan Veres, Staff Writer Second-year law students studying criminal procedure spend hours readings landmark cases involving the Fourth Amendment. Mention Terry v. Ohio, or Katz v. United States, and you might catch an eye roll from a 2L. But, mention Commonwealth v. Hicks, […]
Problems Facing a Nationally Enforced Gun Buyback in the United States
Photo Provided Courtesy of Pixaby By Joshua Larkin, Staff Writer As most Americans know, there is a debate going on in our political arena today regarding the right to bear arms. In response to mass shootings that have occurred in recent years, a significant amount of the American […]
The Constitutionality of Launching Sticky GPS Darts During a High-Speed Car Chase
By Amy Kerlin, Staff Writer On the multiple occasions that the United States Supreme Court opined about vehicles and the Fourth Amendment, it considered competing policy interests like officer safety or an individual’s privacy rights. These frequently clashing policy interests come to the forefront in the realm of high-speed pursuit […]
Pennsylvania Supreme Court Calls “Implied Consent” DUI Law into Question
By Kyle Steenland, Associate Editor Pennsylvania’s driving under the influence laws may be unconstitutional after a recent Pennsylvania Supreme Court holding. The Court interpreted the constitutionality of “implied consent” roadway statutes – to which vehicle operators automatically consent by simply using that state’s roads – and their interaction with accidents […]
‘Telltale Heart’: Evidence found in Defendant’s Cardiac Pacemaker Contains Incriminating Evidence of Arson
By Kristin Hoffman, Staff Writer A fire that occurred in September 2016 led to an interesting legal question: Can a person’s medical device, like a pacemaker, be used as incriminating evidence for a crime? This question arises due to the Fifth Amendment protection against a person being forced to […]
Torrenting and the Fourth Amendment
By Katherine Mannion, Staff Writer The internet is large, powerful, and still growing. It permits communication across the world, from breaking news to benign updates. As the capabilities of the internet continue to grow, however, it also becomes easier to use it for nefarious purposes. From here, the courts […]
Amazon Echo Voice Recordings: Potential Problems in Privacy
By Kady Enright, Staff Writer Law enforcement in Bentonville, Arkansas, served a warrant on Amazon requesting voice recordings from the Echo device of James Andrew Bates.[1] Bates is accused of murdering Victor Collins in November 2015.[2] Echo is a voice-activated, home personal assistant; it can perform various tasks — […]
Why Fingerprints Are Actually Less Secure Than Passcodes
By Kady Enright, Staff Writer On May 9, 2016, the U.S. Attorney for the Central District of California filed a Memorandum in Support of Search Warrant Application regarding a warrant that compelled any person on the search premises, at the time of execution, to provide depressions of his or […]