Tracey Maclin

University of Florida Levin College of Law

P.O. Box 117625

Gainesville, FL 32611-7625

United States

SCHOLARLY PAPERS

20

DOWNLOADS
Rank 25,962

SSRN RANKINGS

Top 25,962

in Total Papers Downloads

3,729

SSRN CITATIONS

4

CROSSREF CITATIONS

3

Scholarly Papers (20)

1.

No More Chipping Away: The Roberts Court Uses an Axe to Take Out the Fourth Amendment Exclusionary Rule

Mississippi Law Journal, Vol. 81, No. 5, p. 151, 2012, Boston Univ. School of Law, Public Law Research Paper No. 12-13
Number of pages: 47 Posted: 19 Mar 2012 Last Revised: 19 Apr 2012
Tracey Maclin and Jennifer Rader
University of Florida Levin College of Law and affiliation not provided to SSRN
Downloads 354 (158,990)
Citation 1

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Fourth Amendment, Exclusionary Rule, Roberts Court, Davis v. United States, Herring v. United States, Hudson v. Michigan

2.

A Comprehensive Analysis of the History of Interrogation Law, with Some Shots Directed at Miranda v. Arizona

Boston University Law Review, Vol. 95, 2015, Boston Univ. School of Law, Public Law Research Paper No. 15-27
Number of pages: 38 Posted: 22 Jul 2015
Tracey Maclin
University of Florida Levin College of Law
Downloads 340 (166,041)

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police interrogation, Miranda, Miranda v. Arizona, confession, Fifth Amendment, self-incrimination, constitutional law, criminal procedure

3.

Brief of Scholars of the History and Original Meaning of the Fourth Amendment as Amici Curiae in Support of Petitioner in Carpenter v. United States

Southwestern Law School Research Paper No. 2017-10
Number of pages: 39 Posted: 31 Aug 2017
University of Maryland Francis King Carey School of Law, Georgetown University Law Center, University of Florida Levin College of Law, University of Virginia School of Law, Emory University School of Law, Independent, Southwestern Law School, William & Mary Law School, University of Maryland Francis King Carey School of Law, Ordered Liberty Program, University of Louisville School of Law and Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 323 (175,423)

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Fourth Amendment, Originalism, Cell Site Location Information

4.

The Good and Bad News About Consent Searches in the Supreme Court

McGeorge Law Review, Vol. 39, Boston Univ. School of Law Working Paper No. 08-04
Number of pages: 56 Posted: 17 Jan 2008
Tracey Maclin
University of Florida Levin College of Law
Downloads 304 (186,836)
Citation 2

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consent search law, Fourth Amendment, Police, Search and Seizure, Privacy, The Supreme Court's Consent Search Doctrine, Schneckloth v. Bustamonte, United States v. Drayton, Georgia v. Randolph, Justice Kennedy

5.

Is Obtaining an Arrestee's DNA a Valid Special Needs Search Under the Fourth Amendment? What Should (and Will) the Supreme Court Do?

Boston Univ. School of Law Working Paper No. 06-15, Journal of Law, Medicine & Ethics, Vol. 33, No. 1, Summer 2006
Number of pages: 24 Posted: 30 Jun 2006
Tracey Maclin
University of Florida Levin College of Law
Downloads 267 (213,609)

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Fourth Amendment, Special Needs Search, forensic DNA technology, DNA testing, California's Proposition 69, special needs doctrine

6.

Police Interrogation During Traffic Stops: More Questions than Answers

The Champion, Vol. 31, No. 9, pp. 34-39, November 2007, Boston Univ. School of Law Working Paper No. 07-28
Number of pages: 7 Posted: 21 Nov 2007 Last Revised: 28 Jan 2009
Tracey Maclin
University of Florida Levin College of Law
Downloads 260 (219,290)

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Fourth Amendment, United States v. Mendez, Illinois v. Caballes, Muehler v. Mena, United States v. Stewart, arbitrary interrogation of motorists during routine traffic stops, rights and liberties

7.

The Right to Silence v. The Fifth Amendment

University of Chicago Legal Forum, 2016 Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 16-09
Number of pages: 33 Posted: 30 Mar 2016
Tracey Maclin
University of Florida Levin College of Law
Downloads 219 (258,980)

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Constitutional Law, Criminal Procedure, Fifth Amendment, Self-Incrimination, Police, Interrogation, Confession, Miranda v. Arizona, Privilege Against Self-Incrimination, Right Against Self-Incrimination, Privacy

8.

Framing the Fourth

Michigan Law Review, Vol. 109, pp. 1049-1076, April 2011, Boston Univ. School of Law Working Paper No. 11-10
Number of pages: 29 Posted: 10 Mar 2011
Tracey Maclin and Julia Grace Mirabella
University of Florida Levin College of Law and Boston University School of Law
Downloads 200 (281,543)

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Constitutional Law, Fourth Amendment, William J. Cuddihy, Unreasonable searches and seizures, General warrants, General searches, Nocturnal Searches, No-knock entries, Probable cause, Reasonableness standard, Fourth Amendment history

9.

The Bush Administration's Terrorist Surveillance Program and the Fourth Amendment's Warrant Requirement: Lessons from Justice Powell and the Keith Case

UC Davis Law Review, Vol. 41, 2008, Boston Univ. School of Law Working Paper No. 07-30
Number of pages: 112 Posted: 03 Dec 2007 Last Revised: 07 Dec 2007
Tracey Maclin
University of Florida Levin College of Law
Downloads 192 (292,194)

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Katz v. United States, warrantless electronic surveillance of American citizens, presidential authority to order warrantless surveillance, terrorism, United States v. United States District Court, a.k.a., Keith, Fourth Amendement, warrantless wiretaps, Terrorist Surveillance Program

10.

Anthony Amsterdam's Perspectives on the Fourth Amendment, and What It Teaches About the Good and Bad in Rodriguez v. United States

Minnesota Law Review, Vol. 100, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 16-07
Number of pages: 35 Posted: 27 Jan 2016
Tracey Maclin
University of Florida Levin College of Law
Downloads 189 (296,320)

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Fourth amendment, search and seizure, Supreme Court, criminal procedure, constitutional law, traffic stops, police, Rodriguez v. United States

11.

Maryland v. King: Terry v. Ohio Redux

2013 Supreme Court Review 359, Boston Univ. School of Law, Public Law Research Paper No. 14-31
Number of pages: 46 Posted: 25 Jun 2014
Tracey Maclin
University of Florida Levin College of Law
Downloads 148 (365,459)

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Fourth Amendment, search and seizure, constitutional law, criminal procedure, criminal law, police, investigatory tactics, arrest

12.

Government Analysis of Shed DNA is a Search Under the Fourth Amendment

Texas Tech Law Review, 2015 Criminal Law Symposium: The 4th Amendment in the 21st Century, Vol. 48, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 15-47
Number of pages: 27 Posted: 04 Nov 2015 Last Revised: 19 Nov 2015
Tracey Maclin
University of Florida Levin College of Law
Downloads 128 (409,565)

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Fourth Amendment, Seach and Seizure, DNA, Supreme Court, Constitutional Law, Criminal Procedure, Polie, Police investigation

13.

Martin Luther King Jr. And Pretext Stops (and Arrests): Reflections on How Far We Have Not Come Fifty Years Later

University of Memphis Law Review, Vol. 49, June 2018, Boston Univ. School of Law, Public Law Research Paper No. 18-12
Number of pages: 35 Posted: 28 Jun 2018 Last Revised: 24 Jan 2019
Tracey Maclin and Maria Savarese
University of Florida Levin College of Law and Boston University - School of Law
Downloads 126 (414,445)

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black citizens, Montgomery Alabama, discrimination, racism, Martin Luther King Jr, criminal justice, pretext stops, arrests, fourth amendment, search and seizure, racial profiling, whren v. united states

14.

The Prophylactic Fifth Amendment

Boston University Law Review, Vol. 97, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 17-14
Number of pages: 39 Posted: 09 May 2017
Tracey Maclin
University of Florida Levin College of Law
Downloads 126 (414,445)

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15.

Cops and Cars: How the Automobile Drove Fourth Amendment Law

Forthcoming, Boston University Law Review, Vol. 99, No. 5, 2019, Boston Univ. School of Law, Public Law Research Paper No. 19-28
Number of pages: 56 Posted: 21 Oct 2019 Last Revised: 12 Dec 2019
Tracey Maclin
University of Florida Levin College of Law
Downloads 116 (440,933)

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criminal procedure, search and seizure, fourth amendment, police, cars, automobile exception, privacy, warrants, searches of computers, cell phones and electronic devices

16.

A Criminal Procedure Regime Based on Instrumental Values: A Review of 'About Guilt and Innocence: The Origins, Development, and Future of Constitutional Criminal Procedure,' by Donald a. Dripps (Prager Publishers, 2003)

Constitutional Commentary, Vol. 22, p. 196, 2005, Boston Univ. School of Law Working Paper No. 06-12
Number of pages: 44 Posted: 27 Jun 2006
Tracey Maclin
University of Florida Levin College of Law
Downloads 110 (458,731)

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Supreme Court's criminal procedure doctrine, criminal process, constitutional criminal procedure cases, Fourteenth Amendment, Fourth Amendement, Fifth Amendment, Sixth Amendment, police investigative practices, adjudicatory procedures, Supreme Court's analysis of confession cases

17.

Long Overdue: Fifth Amendment Protection for Corporate Officers

Forthcoming Boston University Law Review, 2021
Number of pages: 139 Posted: 21 Apr 2021 Last Revised: 17 May 2021
Tracey Maclin
University of Florida Levin College of Law
Downloads 108 (464,748)

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Fifth Amendment; Self-Incrimination Clause; the Fifth Amendment privilege; the privilege; invoking the Fifth; taking the Fifth; corporate officers; corporate custodian; collective entity; collective entity rule; artificial entity; corporation; Bill of Rights and corporations

18.

Byrd v United States: Unauthorized Drivers of Rental Cars Have Fourth Amendment Rights? Not as Evident as it Seems

Forthcoming 2019 Volume of the Supreme Court Review, Boston Univ. School of Law, Public Law Research Paper No. 19-1
Number of pages: 41 Posted: 18 Jan 2019 Last Revised: 25 Apr 2019
Tracey Maclin
University of Florida Levin College of Law
Downloads 94 (510,867)

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Fourth Amendment, Search and Seizure, standing, privacy, police, police search of cars, traffic stops, rental car, unauthorized driver of a rental car, Justice Anthony Kennedy, police discretion and the Supreme Court

19.

Is Silence Golden?

65 Ariz. L. Rev. 43 (2023), University of Florida Levin College of Law Research Paper Forthcoming
Number of pages: 69 Posted: 09 Jun 2022 Last Revised: 26 Apr 2023
Tracey Maclin
University of Florida Levin College of Law
Downloads 81 (560,020)

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20.

Dead Infants and Taking the Fifth

Cornell Law Review, Forthcoming, University of Florida Levin College of Law Research Paper Forthcoming
Number of pages: 40 Posted: 30 Oct 2023 Last Revised: 01 Nov 2023
Tracey Maclin
University of Florida Levin College of Law
Downloads 44 (755,083)

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Fifth Amendment, Self-Incrimination, privilege, required records doctrine, collective entity doctrine, Jacqueline Bouknight, Bill of Rights, criminal procedure, constitutional law