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New Draft of "Four Models" Paper:
I recently posted a new draft of my forthcoming article, Four Models of Fourth Amendment Protection, on the meaning of the "reasonable expectation of privacy" test. I normally wouldn't mention a draft revision, but this one is substantially reworked and simplified; if you're interested in the Fourth Amendment in general and the reasonable expectation of privacy test specifically, you might want to check it out. I might also try to do a few blog posts about the article, and to respond to some of the interesting comments it has triggered, if readers are particularly interested in that.
michael (mail) (www):
The current red light camera penalties which don't provide relief when one is entering from the corner gas station and could have a clear view of potential ingress from the one relevant perpendicular street I would prefer to see suppressable. I don't know that a private facts basis would do and I wonder if the policy basis is probably influenced by the fact that the rule has been arrived at by consensus.
There is a tension between the Bond and Caballos cases. Briefly they seem a fealty to PETA endorsing the superiority of the dog's olfactory area to man's sensory association and frontal cortex. Also, I wonder to what extent a chromatography of sewer samples could be used to guide narcotic possession investigations?
7.11.2007 3:28am
scote (mail):

Also, I wonder to what extent a chromatography of sewer samples could be used to guide narcotic possession investigations?

Good grief, I wish I could just smile at that one, but given current law there is no expectation of privacy for your waste water. A test of such water should be able to reveal a number of things and I wonder what studies have been done to examine the practical limit--and I'm guessing that such studies have been done and are needed because the drugs and chemicals we use at home wind up back in the environment via waste water.
7.11.2007 5:05pm