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The Exclusionary Rule: Is a Good Faith Standard
The Exclusionary Rule: Is a Good Faith Standard

... studying the gradual shift over time in the justifications articulated for the rule in Supreme Court opinions. Essentially three jurisprudential considera2. 428 U.S. 465, 538 (1976) (White, J., dissenting). 3. As a matter of constitutional implementation, an exclusionary rule of evidence has been im ...
Hatton W. Sumners Supreme Court Case Book Fourth Amendment
Hatton W. Sumners Supreme Court Case Book Fourth Amendment

... Prior to 1914, illegally seized evidence was admitted into evidence on the principle that the conviction of an accused person had higher priority than the right of an accused. In a unanimous ruling in 1914, the U. S. Supreme Court determined in Weeks v. United States that evidence seized without a w ...
"What Hath Hiibel Wrought?": The Constitutionality of Compelled
"What Hath Hiibel Wrought?": The Constitutionality of Compelled

... kitchen table with your coffee and newspaper. Glancing at the front page, you see the headline "Osama bin Laden and General Colin Powell Arrested in Separate Incidents in Nevada, Each with a Dead Body in the Trunk of 1. "What hath God wrought" is the text of the first message sent via telegraph, by ...
Hacking the Fourth - University of La Verne College of Law
Hacking the Fourth - University of La Verne College of Law

1

United States v. Graham



United States v. Graham, 846 F. Supp. 2d 384 (D. Md. 2012), was a Maryland District Court case in which the Court held that historical cell site location data is not protected by the Fourth Amendment. Reacting to precedent established by the recent Supreme Court case United States v. Antoine Jones in conjunction with the application of the third party doctrine, Judge Richard D. Bennett, found that ""information voluntarily disclosed to a third party ceases to enjoy Fourth Amendment protection"" because that information no longer belongs to the consumer, but rather to the telecommunications company that handles the transmissions records. The historical cell site location data is then not subject to the privacy protections afforded by the Fourth Amendment standard of probable cause, but rather to the Stored Communications Act, which governs the voluntary or compelled disclosure of stored electronic communications records.
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