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70 Fla. L. Rev. 1097 (2018)
The Fourth Amendment, Dark Web Drug Dealers, and the Opiod Crisis

handle is hein.journals/uflr70 and id is 1129 raw text is: THE FOURTH AMENDMENT, DARK WEB DRUG DEALERS, AND THE OPIOID CRISIS Katharine Stewart Abstract This Note addresses whether people who use criminal aliases to send drugs through the mail should retain their Fourth Amendment rights in those packages. While several circuit courts have identified this as an issue, none have resolved it. One district court has been able to conclude, unquestioned by the higher courts, that such people do not retain their Fourth Amendment rights in the packages. This Note disagrees: People who send drugs through the mail using criminal aliases have Fourth Amendment rights in those packages. Because of the growing opioid crisis in the United States, a crisis fueled in part by drug dealers exploiting the dark web to send their customers dangerous illegal drugs through the mail, this Note does not end with an assertion that drug dealers should enjoy Fourth Amendment protections. Instead, this Note explores the exclusionary rule and how courts could apply it to combat the opioid crisis and dark web drug dealing. INTRODUCTION .............................................1098 I. BACKGROUND ................................ ......1101 A. Fourth Amendment Jurisprudence: A BriefHistory .... 1101 B. A Reasonable Expectation ofPrivacy in Packages Sent to and from Aliases...............................................1103 C. United States v. Walker: An Argument Against Fourth Amendment Rights in Packages Sent with Criminal Aliases ................. ......1104 D. United States v. Pitts: An Argument for Fourth Amendment Rights in Packages Sent with Criminal Aliases ...........................1105 II. PROPERTY RIGHTS VS. REASONABLE EXPECTATION OF PRIVACY .................................. ......1107 A. Walker: Ignoring Property Rights ...............1107 J.D. candidate 2019, University of Florida Levin College of Law; B.A. 2014, Virginia Wesleyan University. I dedicate this Note to Stephen Griffiths, who dedicated himself to fighting for our country, and who now dedicates himself to tirelessly and enthusiastically supporting me in everything I do. I would like to thank Professor Henry T. Wihnyk for his guidance and advice throughout the note-writing process. I would also like to thank the Florida Law Review Notes and Comments Department for making this Note possible. Finally, I would like to thank all the members of Florida Law Review who edited this Note; the hours you spend working to ensure we produce the best possible publication do not go unnoticed. 1097

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