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From Representation To Research And Back Again: Reflections On Developing An Empirical Project
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A Step Back for Rights: Supreme Court Failed to Take Bold Action on Civil Liberties in GPS Monitoring Decision
No full textWhy does it matter that the court reached back to early trespass notions to justify its decision? Because nearly a half-century ago, the court walked away from physical trespass as the touchstone of Fourth Amendment protection
Introduction: Evolving Standards in Juvenile Justice from Gault to Graham and Beyond
No full textThis collection of articles explores the ongoing evolution of juvenile justice standards, sharing important theoretical insights about the current state of the law as well as experience-based lessons from committed juvenile practitioners who confront important youth justice issues in our communities and courts. It is being published in conjunction with Washington University‘s 12th annual Access to Equal Justice Colloquium, which this year sought to bring together stakeholders from the national, state, and local levels to share and build juvenile justice expertise during a day-long conference.2 Our goal was to consider where we have been, where we are now, and where we might go in the future to ensure the delivery of substantive justice for vulnerable youth, with some emphasis on the particular challenges presented by Missouri‘s juvenile justice syste
Warrantless Searches And Smartphones: Privacy In The Palm Of Your Hand?
No full textIncident to a drug arrest, a police officer removes a smartphone from the pocket of the defendant. The smartphone may have incriminating evidence-phone numbers, pictures, text messages, and e-mails. But can the officer examine the smartphone on the scene or back at the station? Or does the officer need to show probable cause and obtain a warrant before examining the phone? If the phone were instead the arrestee\u27s wallet or a cigarette package, under the search incident to lawful arrest exception to the Fourth Amendment\u27s warrant requirement the officer could open and search inside either of these containers. Anything found in the wallet or cigarette package, including evidence of a crime other than the one of arrest, could then lawfully be used against the arrestee.1 The United States Supreme Court has not yet had occasion to address the warrantless search of a cell phone or smartphone incident to arrest. However, the vast majority of courts, both state and federal, to have considered the issue have allowed warrantless searches of cell phones pursuant to this exception, reasoning that cell phones are containers like any other found on an arrestee
Looking Through The Prism of Privacy And Trespass: Smartphones And The Fourth Amendment
No full textTechnology in the twenty-first century has dramatically changed our lives, but the law has not kept pace with technological advances. The treatment of smartphones in Fourth Amendment jurisprudence is no exception. This is made evident by the increasingly scattered outcomes of litigation involving the privacy interests of smartphone owners.\u27 As the cross-jurisdictional inconsistencies of judicial decisions applying the Fourth Amendment to smartphones mount, I am drawn to seek answers from two foundational pillars of the Supreme Court\u27s search and seizure jurisprudence: protection against invasions of privacy and the bulwark against trespass
Threading The Needle:Constitutional Ways For Local Governments To Refuse Cooperation With Civil Immigration Policies
No full textOn October 19, 2011, the mayor of Washington, D.C. issued an Executive Order to limit the District\u27s cooperation with the federal government\u27s Immigration and Naturalization Service in identifying and deporting undocumented residents.\u27 In so doing, the mayor joined with many other communities\u27 that, while specifically not shielding undocumented aliens engaged in criminal activity, want to maintain the trust and care of the many law-abiding immigrants within their borders. The mayor\u27s Order is a direct response to the federal government\u27s more aggressive effort to enlist local authorities in the roundup of undocumented aliens,\u27 and raises the question which is the subject of this paper: Consistent with principles of federalism and the protections of the Tenth Amendment, how far may the federal government go in insisting on local cooperation with its policy goals, and how far may local communities go in resisting? As will be seen, the federal government has extensive, though not unlimited, power to achieve its ends, but there is a sliver of resistance available to local governments, and the mayor\u27s Order nicely threads the needle of what can be done