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Full-Text Articles in Law
When Dirty Data Leads To Dirty Policing, Madison Blevins
When Dirty Data Leads To Dirty Policing, Madison Blevins
Law Student Publications
"On May 25th, 2020, George Floyd was tragically killed by police officers in Minneapolis. While George Floyd’s death was the shock that catapulted the Black Lives Matter (“BLM”) movement to the center of international attention, it was also just the tip of the iceberg. Floyd’s death was not the first death of a black person at the hands of the police, nor would it be the last. “A black person is killed by a police officer in America at a rate of more than one [person] every other day.” These repeated incidents across the country have ignited a mass movement …
Digital Technology And Analog Law: Cellular Location Data, The Third-Party Doctrine, And The Law‘S Need To Evolve, Justin Hill
Digital Technology And Analog Law: Cellular Location Data, The Third-Party Doctrine, And The Law‘S Need To Evolve, Justin Hill
Law Student Publications
This comment explores how broader shifts in Fourth Amendment doctrine may affect the government's collection of Cell Site Location Information (CSLI) moving forward. It consists of three parts. Part I examines the technological underpinnings of cellular networks. The issue is frequently litigated, but few in the legal community have a real grasp on the technology. A nuanced understanding of the technology is crucial when examining the accuracy of CSLI or how the third-party doctrine ought to apply. This comment consolidates and simplifies the technical workings of cellular networks to enable better and more informed answers. Last, drawing on this understanding, …
The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, “Particularly” Speaking, Devin M. Adams
The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, “Particularly” Speaking, Devin M. Adams
Law Student Publications
George Orwell's dystopia, with the ever-watchful Big Brother, has seemingly become a reality with the recently passed amendments to Rule 41 of the Federal Rules of Criminal Procedure. Rule 41, governing searches and seizures, now permits magistrate judges to authorize agents- under a single warrant- to "remotely access," and simultaneously search, copy and seize information from an infinite number of unknown electronic devices in multiple districts anywhere in the country. The unlimited jurisdiction provision is triggered when a device's location is obscured through "technological means," or if agents are investigating computer crimes in five or more districts- regardless of whether …
A Unified Theory For Seizures Of The Person, Ronald J. Bacigal
A Unified Theory For Seizures Of The Person, Ronald J. Bacigal
Law Faculty Publications
Perhaps there is something about the final stages of their careers that causes people to resolve conflicts by reconciling the seemingly irreconcilable. Albert Einstein spent the last days of his career searching for a unified field theory that would eliminate the contradictory laws governing relativity and quantum mechanics. Stephen Hawking has taken up this quest which has been renamed a search for the Theory of Everything. On a “slightly” more modest level, I find the later stages of my career drawing me toward formulating a unified theory governing seizures of the person. The challenge is to blend three different tests …
A Brave New World Of Stop And Frisk, Ronald J. Bacigal
A Brave New World Of Stop And Frisk, Ronald J. Bacigal
Law Faculty Publications
In this article, the author Ron Bacigal discusses the editorials, The Shame of New York by Bob Herbert and Fighting Crime Where the Criminals Are by Heather MacDonald. These editorials were prompted by the New York City Police Department's release of figures regarding "stop and frisk" incidents within New York City.' MacDonald and Herbert reacted to the same statistical report by putting two very different spins on the raw data. While it's always helpful to compile empirical evidence, Bacigal suggests that we also need to look beyond the mere numbers. If you put aside anecdotal versions of encounters between minorities …
Warrantless Arrests In Police Standoffs: A Common Sense Approach To The Exigency Exception, Elizabeth E. Forbes
Warrantless Arrests In Police Standoffs: A Common Sense Approach To The Exigency Exception, Elizabeth E. Forbes
Law Student Publications
In the discussion that follows, I argue that exigency in police standoff situations should be governed by the clearer, more common sense rule adopted by the Sixth Circuit - namely that exigency exists due to the inherent danger of a police standoff, and is not negated by the mere passage of time. Part I provides a backdrop for the discussion, presenting an overview of the Supreme Court's jurisprudence on exigency cases. Part II discusses the differing Sixth Circuit and Ninth Circuit approaches to exigency in police standoffs. Part III argues that the better position on exigency in police standoff situations …
Raiding Islam: Searches That Target Religious Institutions, John G. Douglass
Raiding Islam: Searches That Target Religious Institutions, John G. Douglass
Law Faculty Publications
On the morning of March 20, 2002, while television cameras recorded the events for the evening news, dozens of federal agents entered and searched the offices of several Islamic educational and religious organizations in Northern Virginia. The agents were searching, it appears, for evidence that those organizations contributed money to international groups known to have sponsored terrorist acts. By most public accounts, the targeted institutions were regarded as moderate and progressive voices in American Islam. For that reason, the searches sent shock waves through the American Muslim community. Muslims who had supported the Administration's domestic war on terrorism began to …