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