The Fourth Amendment In An Age Of Surveillance 1st Edition by David Gray ISBN 9781316459607 1316459608
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ISBN 10: 1316459608
ISBN 13: 9781316459607
Author: David Gray
The Fourth Amendment In An Age Of Surveillance 1st Edition Table of contents:
1 Our Age of Surveillance
Tracking Technologies in an Age of Surveillance
Drones in an Age of Surveillance
Cell Site Simulators in an Age of Surveillance
Big Data in an Age of Surveillance
Stop and Frisk in an Age of Surveillance
Conclusion
Notes
2 The Fourth Amendment in the Twentieth Century
The Origins of the Fourth Amendment: A Very Brief History
The Fourth Amendment in the Twentieth Century
The Early Twentieth Century: A Physical Approach to Search and Seizure
The Mid-Twentieth Century: The Katz Revolution
The Late Twentieth Century, Part I: The Consequences of Katz
The Public Observation Doctrine
The Third-Party Doctrine
Fourth Amendment Standing
The Late Twentieth Century, Part II: Terry v. Ohio
Conclusion
Notes
3 Some Competing Proposals
The People vs. the Government: The Market-Based Approach
How Much Is Too Much? The Mosaic Theory
How Long Is Too Long? The Durational Approach
Protecting the Right Information: The Content-Based Approach
How is the Information Gathered? A Technology-Centered Approach
Conclusion
Notes
4 Fourth Amendment Remedies as Rights
A Note on Method
The Two Clauses of the Fourth Amendment
“The right…”
“The right of the people…”
“The right of the people to be secure in their persons, houses, papers, and effects…”
“The right of the people to be secure in their persons, houses, papers, and effects against … searches and seizures…”
“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures …”
“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated …”
“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”
Conclusion
Notes
5 Constitutional Remedies
Professional Police Forces: A Twentieth-Century Challenge to the Security of the People
The Miranda Prophylaxis
The Warrant Requirement
The Role of Emerging Threats in the Court’s Development of the Warrant Requirement
The Court’s Reliance on the Reasonableness Clause in Its Warrant Requirement Cases
The Court Holds that the Warrant Requirement Is Effective, Enforceable, and Parsimonious
The Exclusionary Rule
The Role of Emerging Threats in the Court’s Development of the Exclusionary Rule
The Court’s Reliance on the Reasonableness Clause in Its Exclusionary Rule Cases
The Court Holds that the Exclusionary Rule Is Effective, Enforceable, and Parsimonious
Conclusion
Notes
6 The Fourth Amendment in an Age of Surveillance
Tracking Technologies
Drones
Cell Site Simulators
Big Data
Deployment
Data Gathering
Data Aggregation
Data Storage
Data Access
Data Analysis
Accessing the Results of Analysis
Uses of Data Analysis
Who Should Regulate Big Data?
Stop and Frisk
Conclusion
Notes
Conclusion Our Fourth Amendment Utopia
Notes
Index
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Tags: David Gray, Fourth Amendment, Age, Surveillance