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LAWn Signs: A Fourth Amendment for Constitutional Curmudgeons

16 Pages Posted: 7 Mar 2016 Last revised: 15 Jul 2016

Andrew Guthrie Ferguson

University of the District of Columbia - David A. Clarke School of Law

Stephen E. Henderson

University of Oklahoma College of Law

Date Written: 2016

Abstract

What is the constitutional significance of the proverbial "keep off the grass" sign? This question — asked by curmudgeonly neighbors everywhere — has been given new currency in a recent decision by the United States Supreme Court. Indeed, Florida v. Jardines might have bestowed constitutional curmudgeons with significant new Fourth Amendment protections. By expressing expectations regarding — and control over — access to property, "the people" may be able to claim greater Fourth Amendment protections not only for their homes, but also for their persons, papers, and effects. This article launches a constitutionally grounded, but lighthearted campaign of citizen education and empowerment: Fourth Amendment LAWn signs. With every stake in the ground, ordinary citizens can proclaim their expectations and remind everyone that the Fourth Amendment is meant to apply to ordinary people in everyday circumstances.

Keywords: fourth amendment, bill of rights, search, seizure, privacy, jardines, expectation of privacy

JEL Classification: K00, K14

Suggested Citation

Ferguson, Andrew Guthrie and Henderson, Stephen E., LAWn Signs: A Fourth Amendment for Constitutional Curmudgeons (2016). 13 Ohio St. J. Crim. L. 487 (2016). Available at SSRN: https://ssrn.com/abstract=2742908

Andrew Guthrie Ferguson

University of the District of Columbia - David A. Clarke School of Law ( email )

4200 Connecticut Ave. NW
Washington, DC 20008
United States

Stephen E. Henderson (Contact Author)

University of Oklahoma College of Law ( email )

300 Timberdell Road
Norman, OK 73019
United States
405.325.7127 (Phone)

HOME PAGE: http://www.law.ou.edu/directory/stephen-e-henderson

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