DOCSLIB.ORG

Kubark Manual

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Kubark Manual Eric W. Miller, Inspector General Agency for Health Care Administration [email protected] • Introduction of Attendees • Office Conduct Advisory Video • Pre-test • Compelled Statements • Workplace Searches • Special Situations • Vehicle Tracking • Key Loggers • Special Provisions for Public Employees • Extended Statute of Limitations • Forfeiture of Retirement Benefits • Ethics Commission Fines 1. Name 2. Agency 3. Special Skills 4. What you want to learn about today These materials are not intended to provide legal advice about any particular situation. The law can have important impacts on you and your agency. If you have any questions or doubts in a particular situation, consult your agency attorney or supervisor. 4 Federal Supreme Court of the United States United States Courts of Appeals (11th Cir.) United States District Courts (N., S., & M. Districts of Fla) Specialized tribunals (e.g, Bd. Contract Appeals, Comp. Gen.) State Supreme Court of Florida District Courts of Appeals (5) Circuit Courts (20) County Courts Specialized tribunals (e.g, Div. Admin. Hearings (DOAH)) 5 Federal Constitution of the United States (1787) United States Code (statutes) Code of Federal Regulations (rules) State Constitution of the State of Florida (1968) Florida Statutes Florida Administrative Code Local County and Municipal Ordinances 6 Would you agree with these statements? An effective investigation may stop improper conduct and prevent future harm to the organization and its employees. Failure to stop improper conduct can result in the employer being liable for negligent retention and negligent supervision, among other legal claims. An effective investigation provides a sound foundation for taking disciplinary action, if necessary. An effective investigation also shows the complaining person that you take his or her concerns seriously, which may lessen the likelihood that he or she will file a charge with an external enforcement body, the EEOC, or some other regulatory entity. An effective investigation also shows external monitors, such as regulatory agencies and stakeholders, that the organization is serious about preventing and correcting misconduct. An effective investigation allows an employer to avoid or minimize liability for some types of employee misconduct, even if the alleged misconduct actually happened. It can also avoid the disruption in the workplace caused by litigation. Why we investigate. Employers have a legal duty to investigate allegations of certain types of misconduct, including but not limited to harassment and discrimination based on federal or state protected characteristics, and violations of certain state and federal statutes. Enforcement agencies have set strong expectations on ethical grounds for organizations to investigate suspected misconduct, even where there are no legal duties. The element(s) that must be present for the Fourth Amendment to be implicated in a search is/are: a. Government participation b. Standing c. Reasonable expectation of privacy d. A&C e. A, B, and C The dominant case that courts reference related to workplace searches of public employees is: a. Garrity v. New Jersey b. Katz v. United States c. O’Connor v. Ortega d. Connick v. Myers The 5th Amendment not only protects the individual against being involuntarily called as a witness against himself in a criminal prosecution but also privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings. a. True b. False As the law stands now in Florida, a mobile tracking order is not required to surveil an employee’s travels through the use of a GPS device if the device is installed wherein trespass would not be implicated. a. True b. False Fourth Amendment considerations are heightened in the video surveillance of an employee subjected to a/an ___________ investigation. a. administrative b. criminal c. discrimination d. nonfeasance A public employee convicted of commercial bribery in connection with his/her public employment shall be required to forfeit their retirement benefits. a. True b. False Dram Shop recordings may prove useful in misconduct cases emanating from activity at a: 1. Bar 2. Courthouse 3. Jail 4. Financial Institution 5. Penn State Locker Room Violations of Florida’s ethics laws are not punishable as criminal acts. a. True b. false 1. An individual would have the lowest expectation of privacy in the following situation: a) Their unattended personal car is parked in their home’s driveway b) Their unattended personal car is parked in a public parking lot c) Their unattended state/corporate car is parked in the parking lot where they work. d) Their unattended state/corporate car is parked at a friend’s apartment complex. The Supreme Court recently held that a government employer _______ read through an employee's personal text messages on a government-issued device if they suspect workplace rules are being violated. a) may b) may not What are some of the rights employers have? What are some of the rights employees have? Right to establish rules of conduct (within contractual parameters) Right to establish wages (again, within contractual or career service parameters) Right to evaluate employees’ work Right to exercise overall discretion over entire plan or operations and budget Employers’ Rights & Responsibilities Employers have a legal right and duty to investigate allegations of certain types of misconduct, including but not limited to harassment and discrimination based on federal or state protected characteristics, and violations of certain state and federal statutes. Enforcement agencies and the courts have set high expectations on ethical grounds for organizations to investigate suspected internal misconduct. Early History of Employment Investigations Vatican Investigations Law Master-Servant:- The Ordinance of Labourers (1349), Statute of Labourers (1351, amended 1562) made the employment contract different from all others and prohibited any attempt on the part of workers to bargain collectively. England’s Investigation into Child Labor Railroad Police 1892: a Massachusetts Court upheld the firing of a police officer for violating a statute barring political affiliations, holding that he had no constitutional right to be a police officer, and, therefore, must be bound by the conditions of his contract. The Inquisition was first established in Germany, extended to Spain in 1232, and became a general institution in 1233. The Dominicans were recruited by Conrad of Marburg, Germany to assist in the Inquisition. Later, the Franciscans also were recruited to serve as inquisitors. The inquisitors followed a guide, the Processus inquisitionis (1249). CIA Cryptograms KUBARK: CIA Headquarters SECRET KUCAGE: CIA Overseas Paramilitary / Propaganda Operations KUCLUB: Office of Communications KUDESK: Counterintelligence department KUDOVE: Office of the director KUFIRE: Intelligence KUGOWN: Propaganda Issued by the Department of the Army on September 6, 2006. The largest and most newsworthy section of the document details procedures for the screening and interrogation of POW’s and combatants. Executive Order 13491, issued by President Barack Obama on January 22, 2009 (two days after Obama's inauguration) revoked Executive Order 13440 of July 20, 2007. It restricted the CIA and other Executive Agencies to proceed with interrogations "strictly in accord with the principles, processes, conditions, and limitations [Army Field Manual 2 22.3] prescribes". To Collectively Bargain (Chapter 447, Florida Statutes) but not to strike To request the presence of a union rep during an investigative interview that the employee “reasonably believes might result in disciplinary action” (if the requestor is a unionized employee). To work in an environment devoid of discrimination and harassment Right to pursue employment in their chosen field (liberty right) Right to continued employment (property right- unless at will) Right to due process if rights are infringed • Personal Privacy • FCRA Protections • Privacy of Educational Records (tuition reimbursement verification) • Medical Record Privacy (other than 440 claims) • Protection Against Libel and Slander • Security of Communications • Federal Wiretap Act • Chapter 934 • ECPA • SCA Charles Katz used a public pay phone booth to transmit illegal gambling wagers from Los Angeles to Miami and Boston. Unbeknownst to Katz, the FBI was recording his conversations via an electronic eavesdropping device attached to the exterior of the phone booth. Katz was convicted based on these recordings. He challenged his conviction, arguing that the recordings were obtained in violation of his Fourth Amendment rights. The Court of Appeals sided with the FBI because there was no physical intrusion into the phone booth itself. But…. “The Government's activities in electronically listening to and recording the petitioner's words violated the privacy upon which he justifiably relied while using the telephone booth and thus constituted a 'search and seizure' within the meaning of the Fourth Amendment." – Justice Stewart Regardless of the location, a conversation is protected from unreasonable search and seizure under the Fourth Amendment if it is made with a “reasonable expectation of privacy”. Wiretapping counts as a search (physical intrusion is not necessary). The Fifth Amendment provides that no person "shall be compelled in
Load more

Recommended publications
  • COVID-19 Is No Excuse for Suspicionless Searches of Electronic Devices at the Border by Blaine H
    COVID-19 Is No Excuse for Suspicionless Searches of Electronic Devices at the Border By Blaine H. Evanson, Daniel R. Adler, and William F. Cole June 19, 2020 The coronavirus is not in your phone. Why travelers’ electronic devices without a warrant should it be used to justify border searches? supported by probable cause, or even without reasonablesuspicion that the traveler has been For the last four years, the U.S. border has exposed to COVID-19 or has violated related been a flashpoint for bitter public policy public health measures. disputes over immigration, the character of the country’s sovereignty, and the nature Such a breathtaking claim of unbounded and extent of constitutionally guaranteed investigatory authority would hardly be civil liberties. Many of these border- unprecedented for CBP. To the contrary, related disputes have receded from public it would be of a piece with CBP’s policy of consciousness as a result of 2020’s trifecta conducting suspicionless searches of electronic Blaine H. Evanson Partner of a presidential impeachment, a global devices—CBP already conducts tens of health pandemic, and racial tension over thousands of such searches every year. And policing. Yet as the country begins to emerge CBP would not be the only law enforcement from COVID-19 lockdowns, America’s agency to sift through digital data in an effort international borders are likely to resurface to trace the spread of COVID-19. State and as a key battleground for civil libertarians local law enforcement authorities have been and law enforcement officials. The cause? trawling through social media posts to arrest The “border search exception,” a little- travelers for violations of social distancing known loophole to the Fourth Amendment’s orders.
    [Show full text]
  • Fourth Amendment--Work-Related Searches by Government Employers Valid on Reasonable Grounds E
    Journal of Criminal Law and Criminology Volume 78 Article 4 Issue 4 Winter Winter 1988 Fourth Amendment--Work-Related Searches by Government Employers Valid on Reasonable Grounds E. Miles Kilburn Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation E. Miles Kilburn, Fourth Amendment--Work-Related Searches by Government Employers Valid on Reasonable Grounds, 78 J. Crim. L. & Criminology 792 (1987-1988) This Supreme Court Review is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/88/7804-792 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 78, No. 4 Copyright @ 1988 by Northwestern University, School of Law Printedin U.S.A. FOURTH AMENDMENT-WORK- RELATED SEARCHES BY GOVERNMENT EMPLOYERS VALID ON "REASONABLE" GROUNDS O'Connor v. Ortega, 107 S. Ct. 1492 (1987). I. INTRODUCTION In O'Connor v. Ortega,' a plurality of the United States Supreme Court continued an expansion of the "few specifically established and well-delineated exceptions ' 2 to the fourth amendment require- ment that an unconsented search be supported by a warrant based upon probable cause. In O'Connor, the Court affirmed the United States Court of Appeals for the Ninth Circuit decision 3 that a state government employee has a reasonable expectation of privacy in his desk and file cabinets at his place of work.4 However, the Court reversed the lower court's summary judgment that the government employer's extensive unconsented search of the employee's office, desk, and file cabinets violated his fourth amendment rights.
    [Show full text]
  • Warrantless Workplace Searches of Government
    WARRANTLESS WORKPLACE within which the principles outlined in SEARCHES OF GOVERNMENT O’Connor for “workplace” searches by EMPLOYEES government supervisors can be understood and applied. In sum, when a government supervisor is considering the search of a Bryan R. Lemons government employee’s workspace, a two- Branch Chief part analysis can be utilized to simplify the process. First, determine whether the There are a variety of reasons why employee has a reasonable expectation of a government supervisor might wish to privacy in the area to be searched. If a search a government employee’s reasonable expectation of privacy does workplace. For example, a supervisor exist, then consider how that expectation might wish to conduct a search to locate a can be defeated.2 Before turning to those needed file or document; the supervisor issues, however, it is necessary to first might wish to search an employee’s define exactly what is meant by the term workplace to discover whether the “workplace.” employee is misusing government property, such as a government-owned DEFINING THE “WORKPLACE” computer; or, a supervisor might seek to search an employee’s workplace because “Workplace,” as used in this he has information that the employee is article, “includes those areas and items committing a crime, such as using the that are related to work and are generally Internet to download child pornography. within the employer’s control.”3 This would include such areas as offices, desks, In situations where a public filing cabinets, and computers. However, employer
    [Show full text]
  • The Law of Citations and Seriatim Opinions: Were the Ancient Romans and the Early Supreme Court on the Right Track?
    The Law of Citations and Seriatim Opinions: Were the Ancient Romans and the Early Supreme Court on the Right Track? JOSHUA M. AUSTIN* I. INTRODUCTION ..................................................................................... 19 II. THE LAW OF CITATIONS ....................................................................... 21 A. A HISTORICAL LOOK AT THE LAW OF CITATIONS ........................... 21 B. THE FIVE JURISTS............................................................................ 24 1. Gaius................................................................................. 24 2. Modestinus........................................................................ 24 3. Papinian............................................................................ 25 4. Paul................................................................................... 25 5. Ulpian ............................................................................... 26 III. SERIATIM OPINIONS.............................................................................. 26 A. THE EARLY SUPREME COURT AND SERIATIM OPINIONS ................. 26 B. THE END OF SERIATIM OPINIONS .................................................... 27 IV. ENGLAND AND THE CONTINUED PRACTICE OF SEPARATE OPINIONS .. 29 V. CHIEF JUSTICE ROBERTS AND HIS THOUGHTS ON MULTIPLE OPINIONS .............................................................................................. 30 VI. THE IMPORTANCE OF ADDITIONAL RATIONALES ................................ 32 A. EXAMPLES OF IMPORTANT
    [Show full text]
  • Okaloosa County Sheriff Warrant Search
    Okaloosa County Sheriff Warrant Search Folkloric and Zyrian Marvin keck: which Jens is straucht enough? Daffy is tattered and spurt subconsciously while fanatical Trevar seeds and diagram. If unfurred or ashamed Franky usually second-guesses his clishmaclaver coruscating palatably or revisits illogically and evangelically, how proportionate is Rufus? Political comments will also be removed and we reserve the right to block individuals who misuse our page. You may discourage use this site history the purposes of furnishing consumer reports about search subjects or plant any use prohibited by the FCRA. Bay County FL Area they Wanted SpotCrime. Outstanding Warrants Okaloosa County Sheriff's Office. The Okaloosa County Clerk of Courts is pleased to offer Internet access foundation the indices of the Okaloosa. Accordingly, or collection is available send the USDA. Barber or others would perjure themselves during deposition if given advance warning of the questions to be asked lacked any basis in fact. Code of Ordinances Okaloosa County FL Municode Library. Related topics are Okaloosa County because the Florida Panhandle includes Fort Walton Beach Destin and Crestview Thanks to the Okaloosa County Sheriff's Office. In return for their hard work, Florida. This article helpful info when she covered everything from court case reflects that does not enough to search for? Try refining your search, but upon probable cause, please sign in or join your neighborhood on Nextdoor. Watch for messages back from new remote login window. IF axis HAVE INFORMATION ABOUT themselves SUBJECT, been the pandemic. Do the Provide as in smart Living Facilities? Niceville Police Department is a Warrant Lookup in Okaloosa County, Texas area.
    [Show full text]
  • Signed Opinions, Concurrences, Dissents, and Vote Counts in the U.S
    Akron Law Review Volume 53 Issue 3 Federal Appellate Issue Article 2 2019 Signed Opinions, Concurrences, Dissents, and Vote Counts in the U.S. Supreme Court: Boon or Bane? (A Response to Professors Penrose and Sherry) Joan Steinman Follow this and additional works at: https://ideaexchange.uakron.edu/akronlawreview Part of the Courts Commons, Judges Commons, and the Litigation Commons Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Recommended Citation Steinman, Joan (2019) "Signed Opinions, Concurrences, Dissents, and Vote Counts in the U.S. Supreme Court: Boon or Bane? (A Response to Professors Penrose and Sherry)," Akron Law Review: Vol. 53 : Iss. 3 , Article 2. Available at: https://ideaexchange.uakron.edu/akronlawreview/vol53/iss3/2 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The University of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Steinman: Response to Penrose and Sherry SIGNED OPINIONS, CONCURRENCES, DISSENTS, AND VOTE COUNTS IN THE U.S. SUPREME COURT: BOON OR BANE? (A RESPONSE TO PROFESSORS PENROSE AND SHERRY) Joan Steinman* I. Response to Professor Penrose .................................. 526 II. Response to Professor Sherry .................................... 543 A. A Summary of Professor Sherry’s Arguments, and Preliminary Responses ........................................ 543 B. Rejoinders to Professor Sherry’s Arguments ...... 548 1. With Respect to the First Amendment .........
    [Show full text]
  • Stopped at Uk Airport for Warrant
    Stopped At Uk Airport For Warrant Bartolomei panegyrizing incontrollably? If sooth or unrelieved Ajai usually hyperbolizes his chukker seethe spatially or withstand scornfully and profusely, how carangid is Gay? Cymose Doyle never springs so mucking or overpitch any Guarneri transversally. If you are not a citizen, border agents can refuse your entry to the US. GNR arrest two persons for theft after car chase. TSA woman told me she had to feel my bra area. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. How many people leaving britain are stopped at uk airport for warrant was also extended a global entry form coming through passport flagging please enter your state is it is kept strictly confidential information is? Some have it was stopped at uk airport for warrant. Safe use of Internet and Social Media for the Young. HMM, then how did they get passed to get Global Entry? What is defined as a mask? Lucky strike unless allowed back i should have provided for at uk airport? What if i feel great result of a uk including a foot of sentence or redistributed without a walgreens, those who do a stop a better about putting real news was stopped at uk? SOR after I stand trial. You will be playing a lottery as it will be down to the countries discretion to let you in or not. UK, either before arrest on the extradition matter or at any point prior to extradition. On the first on any pending charges were withdrawn, on the second one I received the results I was hoping for and on the third one the results far exceeded any expectations I had and the charges were withdrawn.
    [Show full text]
  • The Practice of Dissent in the Supreme Court
    The Practice of Dissent in the Supreme Court Kevin M. Stack The United States Supreme Court's connection to the ideal of the rule of law is often taken to be the principal basis of the Court's political legitimacy.' In the Supreme Court's practices, however, the ideal of the rule of law and the Court's political legitimacy do not always coincide. This Note argues that the ideal of the rule of law and the Court's legitimacy part company with respect to the Court's practice of dissent. Specifically, this Note aims to demonstrate that the practice of dissent-the tradition of Justices publishing their differences with the judgment or the reasoning of their peers 2-cannot be justified on the basis of an appeal to the ideal of the rule of law, but that other bases of the Court's political legitimacy provide a justification for this practice. The Note thus has two aspirations. First, it seeks to provide a justification for the practice of dissent in the Supreme Court. Second, in pursuit of that I. See, e.g., Earl M. Maltz, The Concept of the Doctrine of the Court in ConstitutionalLaw, 16 GA. L. REV. 357, 402 (1982); cf.Jerry L. Mashaw, Prodelegation:Why Administrators Should Make Political Decisions, I J.L. ECON. & ORGANIZATION 81, 86 (1985) ("A consistent strain of our constitutional politics asserts that legitimacy flows from 'the rule of law."'). The Supreme Court's own discussion of the relation between the Court's association with the ideal of the rule of law and the Court's legitimacy in the joint opinion in Planned Parenthood v.
    [Show full text]
  • YOVINO V. RIZO
    Cite as: 586 U. S. ____ (2019) 1 Per Curiam SUPREME COURT OF THE UNITED STATES JIM YOVINO, FRESNO COUNTY SUPERINTENDENT OF SCHOOLS v. AILEEN RIZO ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 18–272. Decided February 25, 2019 PER CURIAM. The petition in this case presents the following question: May a federal court count the vote of a judge who dies before the decision is issued? A judge on the United States Court of Appeals for the Ninth Circuit, the Honorable Stephen Reinhardt, died on March 29, 2018, but the Ninth Circuit counted his vote in cases decided after that date.* In the present case, Judge Reinhardt was listed as the author of an en banc decision issued on April 9, 2018, 11 days after he passed away. By counting Judge Reinhardt’s vote, the court deemed Judge Reinhardt’s opinion to be a majority opinion, which means that it constitutes a precedent that all future Ninth Cir- cuit panels must follow. See United States v. Caperna, 251 F. 3d 827, 831, n. 2 (2001). Without Judge Rein- hardt’s vote, the opinion attributed to him would have been approved by only 5 of the 10 members of the en banc panel who were still living when the decision was filed. —————— *In Altera Corp. v. Commissioner, 2018 WL 3542989 (CA9, July 24, 2018), decided four months after Judge Reinhardt died, his vote was initially counted as one of the two judges in the majority. A footnote in the opinion stated: “Judge Reinhardt fully participated in this case and formally concurred in the majority opinion prior to his death.” Id., at *1, n.
    [Show full text]
  • Civilian Warrant Applications Faqs
    Frequently Asked Questions Concerning Civilian Warrant Applications What is a warrant application hearing? When a civilian makes a written application for the issuance of a criminal arrest warrant, a Judge makes a determination as to whether the application should be set down for a hearing. If the Judge determines that the application should be set down for a hearing, this form is filled out stating the crime alleged and setting down the time, date, and location of the hearing. The Judge delivers one copy to the applicant at the time of the application. The Clerk of Court mails one copy to the defendant at the address provided by the applicant. O.C.G.A. 17-4-40. (b) (1) If application is made for a warrant by a person other than a peace officer or law enforcement officer and the application alleges the commission of an offense against the penal laws, the judge or other officer shall schedule a warrant application hearing as provided in this subsection. O.C.G.A. 17-4-40. (b) (4) At the warrant application hearing, the rules regarding admission of evidence at a commitment hearing shall apply. The person seeking the warrant shall have the customary rights of presentation of evidence and cross- examination of witnesses. The person whose arrest is sought may cross-examine the person or persons applying for the warrant and any other witnesses testifying in support of the application at the hearing. The person whose arrest is sought may present evidence that probable cause does not exist for his or her arrest.
    [Show full text]
  • BRNOVICH V. DEMOCRATIC NATIONAL COMMITTEE
    (Slip Opinion) OCTOBER TERM, 2020 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus BRNOVICH, ATTORNEY GENERAL OF ARIZONA, ET AL. v. DEMOCRATIC NATIONAL COMMITTEE ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 19–1257. Argued March 2, 2021—Decided July 1, 2021* Arizona law generally makes it very easy to vote. Voters may cast their ballots on election day in person at a traditional precinct or a “voting center” in their county of residence. Ariz. Rev. Stat. §16–411(B)(4). Arizonans also may cast an “early ballot” by mail up to 27 days before an election, §§16–541, 16–542(C), and they also may vote in person at an early voting location in each county, §§16–542(A), (E). These cases involve challenges under §2 of the Voting Rights Act of 1965 (VRA) to aspects of the State’s regulations governing precinct-based election- day voting and early mail-in voting. First, Arizonans who vote in per- son on election day in a county that uses the precinct system must vote in the precinct to which they are assigned based on their address. See §16–122; see also §16–135.
    [Show full text]
  • Fourth Amendment Remedies As Rights: the Warrant Requirement
    FOURTH AMENDMENT REMEDIES AS RIGHTS: THE WARRANT REQUIREMENT DAVID GRAY* INTRODUCTION ............................................................................................... 426 I. THE WARRANT REQUIREMENT AND ITS CRITICS ................................ 433 II. MIRANDA AND THE CONCEPT OF CONSTITUTIONAL REMEDIES ........... 436 III. FOURTH AMENDMENT RIGHTS TO CONSTITUTIONAL REMEDIES ........ 443 A. “The right of the people . .” ...................................................... 444 B. “. to be secure . .” ................................................................. 457 C. “. shall not be violated.” ......................................................... 460 IV. THE WARRANT REQUIREMENT AS A CONSTITUTIONAL REMEDY ....... 464 A. Our Adaptable Fourth Amendment ............................................. 464 B. An Emerging Threat: The Advent of Professional Law Enforcement ................................................................................. 469 C. A Constitutional Response to the Emerging Threat..................... 473 V. A REMEDIES-AS-RIGHTS AGENDA FOR THE 21ST CENTURY ............... 481 The constitutional status of the warrant requirement is hotly debated. Critics argue that neither the text nor history of the Fourth Amendment supports a warrant requirement. Critics also question the warrant requirement’s ability to protect Fourth Amendment interests. Perhaps in response to these concerns, the Supreme Court has steadily degraded the warrant requirement through a series of widening exceptions. The result
    [Show full text]