Functional Equivalence and Residual Rights Post-Carpenter: Framing a Test Consistent with Precedent and Original Meaning

@article{Donohue2019FunctionalEA,
  title={Functional Equivalence and Residual Rights Post-Carpenter: Framing a Test Consistent with Precedent and Original Meaning},
  author={Laura K. Donohue},
  journal={The Supreme Court Review},
  year={2019},
  volume={2018},
  pages={347 - 410}
}
  • L. Donohue
  • Published 1 January 2019
  • Law
  • The Supreme Court Review
The evolution of Fourth Amendment doctrine over the past century bears a striking resemblance to Hamlet’s descent into insanity. Step by step, faced by increasingly sophisticated technologies, the Court has crafted rules, exceptions, and exceptions to the exceptions, until we find ourselves in an incoherent world that bears little relationship to the original rights it encompasses. The Founders introduced the Fourth Amendment to secure liberty. The clause reinforced the right of the people, as… 
1 Citations
The Power of Interpretation: Minimizing the Construction Zone
TLDR
It is argued that a variety of techniques enhance the power of interpretation to resolve uncertainties and thus greatly reduce the size of the construction zone and that modern originalist scholarship interpreting important constitutional provisions makes implicit use of the authors' techniques to find determinate meanings rather than the indeterminacy requiring construction.

References

SHOWING 1-10 OF 53 REFERENCES
A Tale of Two Sovereigns: Federal and State Use and Regulation of Unmanned Aircraft Systems
Despite claims to the contrary, the federal government is severely limited in what it can do to regulate unmanned aircraft systems (UASs). States, on the other hand, as governments of general
Health Insurance Portability and Accountability Act of 1996 (HIPAA) Administrative Simplification
TLDR
An Act to improve portability and continuity of health insurance coverage in the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medical savings accounts, to improve access to long-term care services and coverage.
Social Network Analysis Applied to Criminal Networks: Recent Developments in Dutch Law Enforcement
This article examines the application of social network theory in Dutch law enforcement. Increasing amounts of information about habitual lawbreakers and criminal networks are collected under the
Identifying Mafia Bosses from Meeting Attendance
Law enforcement agencies have frequently shown skepticism toward the results of the application of social network analysis to organized crime. Indeed, most studies to date have analyzed data (e.g.
Networks within networks: using multiple link types to examine network structure and identify key actors in a drug trafficking operation
TLDR
Multiple, directed link types in a criminal network were examined and actors were found to specialise in the exchange of particular types of resources, and also to specialising in the strategic position they occupied in the transfer of particular resources.
Social Network Analysis and Crime Prevention
Social network analysis (SNA) has proven its value in refining criminological concepts and theories to aid the understanding of social processes behind crime problems and to assist law enforcement
...
...