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Full-Text Articles in Law Enforcement and Corrections

Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley May 2024

Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley

University of Cincinnati Law Review

Law enforcement officers performing drug interdiction on interstate highways have to decide nearly every day whether there is reasonable suspicion to detain motorists until a trained dog can sniff for the presence of drugs. The officers’ assessments are often wrong, however, and lead to unnecessary detentions of innocent persons and the suppression of drugs found on guilty ones. We propose a computational method of evaluating suspicion in these encounters and offer experimental results from early efforts demonstrating its feasibility. With the assistance of large language and predictive machine learning models, it appears that judges, advocates, and even police officers could …


The Automated Fourth Amendment, Maneka Sinha Jan 2024

The Automated Fourth Amendment, Maneka Sinha

Emory Law Journal

Courts routinely defer to police officer judgments in reasonable suspicion and probable cause determinations. Increasingly, though, police officers outsource these threshold judgments to new forms of technology that purport to predict and detect crime and identify those responsible. These policing technologies automate core police determinations about whether crime is occurring and who is responsible.

Criminal procedure doctrine has failed to insist on some level of scrutiny of—or skepticism about—the reliability of this technology. Through an original study analyzing numerous state and federal court opinions, this Article exposes the implications of law enforcement’s reliance on these practices given the weighty interests …


Are Police Officers Bayesians? Police Updating In Investigative Stops, Jeffrey A. Fagan, Lila J.E. Nojima Jan 2023

Are Police Officers Bayesians? Police Updating In Investigative Stops, Jeffrey A. Fagan, Lila J.E. Nojima

Faculty Scholarship

Theories of rational behavior assume that actors make decisions where the benefits of their acts exceed their costs or losses. If those expected costs and benefits change over time, behavior will change accordingly as actors learn and internalize the parameters of success and failure. In the context of proactive policing, police stops that achieve any of several goals — constitutional compliance, stops that lead to “good” arrests or summonses, stops that lead to seizures of weapons, drugs, or other contraband, or stops that produce good will and citizen cooperation — should signal to officers the features of a stop that …


“Bang!”: Shotspotter Gunshot Detection Technology, Predictive Policing, And Measuring Terry’S Reach, Harvey Gee Jun 2022

“Bang!”: Shotspotter Gunshot Detection Technology, Predictive Policing, And Measuring Terry’S Reach, Harvey Gee

University of Michigan Journal of Law Reform

ShotSpotter technology is a rapid identification and response system used in ninety American cities that is designed to detect gunshots and dispatch police. ShotSpotter is one of many powerful surveillance tools used by local police departments to purportedly help fight crime, but they often do so at the expense of infringing upon privacy rights and civil liberties. This Article expands the conversation about ShotSpotter technology considerably by examining the adjacent Fourth Amendment issues emanating from its use. For example, law enforcement increasingly relies on ShotSpotter to create reasonable suspicion where it does not exist. In practice, the use of ShotSpotter …


Recent Developments, Peyton Hildebrand Aug 2020

Recent Developments, Peyton Hildebrand

Arkansas Law Review

In a 5-4 opinion, the United States Supreme Court once again denied a Bivens action. This case involved a tragic crossborder shooting by a border patrol agent standing on United States soil, who shot and killed a young boy standing on Mexican soil. Petitioners, the boy’s parents, sought relief under Biven2, arguing the agent’s action violated the Constitution. However, the Court determined the cross-border shooting was a new Bivens context, which required an analysis of whether any special factors “counseled hesitation” for the cause of action to be extended. The Court concluded Bivens was inappropriate because several factors “counseled hesitation”—namely, …


Terry Stops And Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David Rudovsky, David A. Harris Jan 2018

Terry Stops And Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David Rudovsky, David A. Harris

All Faculty Scholarship

The investigative detention doctrine first announced in Terry v. Ohio and amplified over the past fifty years has been much analyzed, praised, and criticized from a number of perspectives. Significantly, however, over this time period commentators have only occasionally questioned the Supreme Court’s “common sense” judgments regarding the factors sufficient to establish reasonable suspicion for stops and frisks. For years, the Court has provided no empirical basis for its judgments, due in large part to the lack of reliable data. Now, with the emergence of comprehensive data on these police practices, much can be learned about the predictive power of …


Terry Stops And Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David A. Harris, David Rudovsky Jan 2018

Terry Stops And Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David A. Harris, David Rudovsky

Articles

The investigative detention doctrine first announced in Terry v. Ohio and amplified over the past fifty years has been much analyzed, praised, and criticized from a number of perspectives. Significantly, however, over this time period commentators have only occasionally questioned the Supreme Court’s “common sense” judgments regarding the factors sufficient to establish reasonable suspicion for stops and frisks. For years, the Court has provided no empirical basis for its judgments, due in large part to the lack of reliable data. Now, with the emergence of comprehensive data on these police practices, much can be learned about the predictive power of …


Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman May 2014

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.


Predictive Policing And Reasonable Suspicion, Andrew Ferguson Jan 2012

Predictive Policing And Reasonable Suspicion, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

Predictive policing is a new law enforcement strategy to reduce crime by predicting criminal activity before it happens. Using sophisticated computer algorithms to forecast future events from past crime patterns, predictive policing has become the centerpiece of a new smart-policing strategy in several major cities. The initial results have been strikingly successful in reducing crime.This article addresses the Fourth Amendment consequences of this police innovation, analyzing the effect of predictive policing on the concept of reasonable suspicion. This article examines predictive policing in the context of the larger constitutional framework of “prediction” and the Fourth Amendment. Many aspects of current …


The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache Jan 2008

The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache

Articles in Law Reviews & Other Academic Journals

This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges.Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether it …


One Stop, No Stop, Two Stop, Terry Stop: Reasonable Suspicion And Pseudoephedrine Purchases By Suspected Methamphetamine Manufacturers, Andrew C. Goetz May 2007

One Stop, No Stop, Two Stop, Terry Stop: Reasonable Suspicion And Pseudoephedrine Purchases By Suspected Methamphetamine Manufacturers, Andrew C. Goetz

Michigan Law Review

This Note attempts to inject some clarity into courts' reasonable suspicion calculus for cold medicine purchases. It argues that the key factor in analyzing such purchases is whether the purchaser or purchasers appear to be circumventing pseudoephedrine purchasing restrictions in order to obtain inordinately large quantities of pseudoephedrine. Part I provides a general background on the domestic manufacture of methamphetamine in small, clandestine laboratories. Part II then examines the interplay between outward innocence and reasonable suspicion under the Supreme Court's Fourth Amendment jurisprudence. Finally, Part III establishes a framework for identifying purchasing strategies that methamphetamine manufacturers commonly use to circumvent …


Declining To State A Name In Consideration Of The Fifth Amendment's Self-Incrimination Clause And Law Enforcement Databases After Hiibel, Joseph R. Ashby Feb 2006

Declining To State A Name In Consideration Of The Fifth Amendment's Self-Incrimination Clause And Law Enforcement Databases After Hiibel, Joseph R. Ashby

Michigan Law Review

In response to a report of an argument on a public sidewalk, a police officer approaches two people standing in the vicinity of the reported dispute. The officer requests that each person provide her name so the officer can run the names through databases to which the police department subscribes. After searching each name through various databases, the officer might discover that one of the individuals made several purchases of cold medicine containing pseudoephedrine and that the other just received a license from the State to procure certain hazardous chemicals. These two people might be in the early stages of …


Constitutional Law—Fourth Amendment—Knock And Announce: The Ninth Circuit Knocks And The Supreme Court Announces A Re-Emphasis On The Case-By-Case Analysis.United States V. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli Jan 2005

Constitutional Law—Fourth Amendment—Knock And Announce: The Ninth Circuit Knocks And The Supreme Court Announces A Re-Emphasis On The Case-By-Case Analysis.United States V. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli

University of Arkansas at Little Rock Law Review

No abstract provided.


The Stories, The Statistics And The Law: Why 'Driving While Black' Matters University Of Minnesota Law Review, Vol. 84, No. 2, 1999, David A. Harris Jan 1999

The Stories, The Statistics And The Law: Why 'Driving While Black' Matters University Of Minnesota Law Review, Vol. 84, No. 2, 1999, David A. Harris

Articles

Racial profiling of drivers - often called "driving while black" - has taken an increasingly important role in the public debate on issues of race and criminal justice. It is one of the few such issues that has penetrated not only the public discourse, but the legislative process as well. This article takes three different approaches in attempting to explain that racial profiling is important not only for its own sake, but because it is a manifestation - both a symbol and a symptom - of all of the most difficult problems that we face at the intersection of race …


Search & Seizure Jan 1995

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1995

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox Jan 1992

Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.


Fourth, Fifth, And Sixth Amendments, William E. Hellerstein Jan 1991

Fourth, Fifth, And Sixth Amendments, William E. Hellerstein

Touro Law Review

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.