Social and Behavioral Sciences Commons^™

The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce

College Honors Program

It is well documented how our country’s Criminal Justice System has a history of targeting people of color. A lot of this contention is derived from police officers’ behavior when interacting with individuals, yet officers only act upon the laws and legal policies that grant them authority, including probable cause. My thesis addresses the question, how does the fluid and ambiguous nature of probable cause leave the door open for officers to disproportionately target people of color in the United States? While focusing on vehicle, person, and property searches, I first define probable cause, building an understanding of exactly what …

Detention By Any Other Name, Sandra G. Mayson

All Faculty Scholarship

An unaffordable bail requirement has precisely the same effect as an order of pretrial detention: the accused person is jailed pending trial. It follows as a logical matter that an order requiring an unaffordable bail bond as a condition of release should be subject to the same substantive and procedural protections as an order denying bail altogether. Yet this has not been the practice.

This Article lays out the logical and legal case for the proposition that an order that functionally imposes detention must be treated as an order of detention. It addresses counterarguments and complexities, including both empirical and …

An Examination Of The Evolution Of Racially Biased Pretextual Investigatory Stops And Their Legitimacy In Policing, Brett A. Lacey

Theses and Dissertations

This thesis examines the use of tactics originally purposed as a component of the Drug Enforcement Agency’s Operation Pipeline and their evolution since their creation in the 1980’s. The paper provides a history of investigatory policing stops regarding the argument of Epp et al. (2014) that primarily relied on Police Chief magazine and Remsberg’s Street Survival. Epp argues that the methods used in investigatory stops are an invasion of privacy, use racial profiling, and have proliferated from a tactic used in the war on drugs to combat drug trafficking to a routine day-to-day policing tactic. Through the use of a …

The Language Of Consent In Police Encounters, Janice Nadler, J.D. Trout

Faculty Working Papers

In this chapter, we examine the nature of conversations in citizen-police encounters in which police seek to conduct a search based on the citizen's consent. We argue that when police officers ask a person if they can search, citizens often feel enormous pressure to say yes. But judges routinely ignore these pressures, choosing instead to spotlight the politeness and restraint of the officers' language and demeanor. Courts often analyze the language of police encounters as if the conversation has an obvious, context-free meaning. The pragmatic features of language influence behavior, but courts routinely ignore or deny this fact. Instead, current …

How Accountability-Based Policing Can Reinforce - Or Replace - The Fourth Amendment Exclusionary Rule, David A. Harris

Articles

In Hudson v. Michigan, a knock-and-announce case, Justice Scalia's majority opinion came close to jettisoning the Fourth Amendment exclusionary rule. The immense costs of the rule, Scalia said, outweigh whatever benefits might come from it. Moreover, police officers and police departments now generally follow the dictates of the Fourth Amendment, so the exclusionary rule has outlived the reasons that the Court adopted it in the first place. This viewpoint did not become the law because Justice Kennedy, one member of the five-vote majority, withheld his support from this section of the opinion. But the closeness of the vote on …

06-15-1983 Memorandum To The Conference, William H. Rehnquist

Illinois v. Gates 462 U.S. 213 (1983)

Justice Rehnquist discusses Colorado v. Quintero, No. 82-1711, with respects to Illinois v. Gates, No. 81-430.

06-15-1983 Memorandum To The Conference, William H. Rehnquist

Illinois v. Gates 462 U.S. 213 (1983)

Rehnquist refers to No. 82-963 - Massachusetts v. Sheppard in regard to the good faith reliance on the search warrant.

06-02-1983 Correspondence From Blackmun To Renhquist, Harry A. Blackmun

Illinois v. Gates 462 U.S. 213 (1983)

Memo from Justice Blackmun to Justice Rehnquist to join him.

05-31-1983 Correspondence From Rehnquist To Blackmun, William H. Rehnquist

Illinois v. Gates 462 U.S. 213 (1983)

Correspondence from Rehnquist to Blackmun accepting changes.

05-25-1983 Clerk Memo, Alan S. Madans

Illinois v. Gates 462 U.S. 213 (1983)

Mr. Justice:

The CJ has now joined WHR's draft. You are the only one out in this case, and your vote will determine whether WHR gets a Court for his opinion.

05-25-1983 Correspondence From Burger To Rehnquist, Warren E. Burger

Illinois v. Gates 462 U.S. 213 (1983)

Correspondence from Chief Justice Burger to Rehnquist indicating that he joins him.

Opinion Of The Court, William H. Rehnquist

Illinois v. Gates 462 U.S. 213 (1983)

Justice Rehnquist delivered the opinion of the court on Illinois v. Gates - 3rd draft.

05-11-1983 Correspondence From Marshall To Brennan, Thurgood Marshall

Illinois v. Gates 462 U.S. 213 (1983)

Correspondence from Marshall to Brennan asking him to join him in his opinion.

Justice Brennan, Dissenting, William J. Brennan

Illinois v. Gates 462 U.S. 213 (1983)

Justice Brennan's draft opinion on Illinois v. Gates.

05-08-1983 Clerk Memo, Alan S. Madans

Illinois v. Gates 462 U.S. 213 (1983)

Law clerk memo outlining the current positions of the US Supreme Court Justices' on Ill. v. Gates, and recommending joining Chief Rehnquist's opinion pending certain corrections.

Justice White, Concurring, Byron R. White

Illinois v. Gates 462 U.S. 213 (1983)

Justice White's concurring opinion on Illinois v. Gates.

05-31-1983 Correspondence From Blackmun To Rehnquist, Harry A. Blackmun

Illinois v. Gates 462 U.S. 213 (1983)

Corrections suggested to Rehnquist by Blackmun regarding Illinois v. Gates.

04-28-1983 Correspondence From Powell To Rehnquist, Lewis F. Powell

Illinois v. Gates 462 U.S. 213 (1983)

Correspondence from Powell to Rehnquist requesting him to join him in his opinion.

04-25-1983 Correspondence From White To Rehnquist, Byron R. White

Illinois v. Gates 462 U.S. 213 (1983)

Correspondence from White to Rehnquist, saying he will write separately.

04-21-1983 Correspondence From Brennan To Rehnquist, William J. Brennan

Illinois v. Gates 462 U.S. 213 (1983)

Correspondence from Brennan to Rehnquist saying that he is writing his own dissent.

04-21-1983 Correspondence From Brennan To Stevens, William J. Brennan

Illinois v. Gates 462 U.S. 213 (1983)

Correspondence from Brennan to Stevens, asking him to join him in Steven's dissent.

04-13-1983 Correspondence From O'Connor To Rehnquist, Sandra Day O'Connor

Illinois v. Gates 462 U.S. 213 (1983)

Correspondence from O'Connor to Rehnquist asking him to join her.

03-04-1983 Notes From Oral Argument, Harry A. Blackmun

Illinois v. Gates 462 U.S. 213 (1983)

Harry A Blackmun's handwritten notes during the oral argument of Illinois v. Gates.

03-01-1983 Notes From Oral Argument, Harry A. Blackmun

Illinois v. Gates 462 U.S. 213 (1983)

Harry A Blackmun's handwritten notes during the oral argument of Illinois v. Gates.

Bench Memorandum, Alan S. Madans

Illinois v. Gates 462 U.S. 213 (1983)

This Court granted cert to decide whether a partially corroborated anonymous informer's tip provided probable cause for the issuance of a warrant. At Conference a majority voted to hold that the warrant was valid, but also expressed interest in exploring a good-faith exception to the exclusionary rule. The Court restored the case to the calendar so this question could be briefed and argued.

02-27-1983 Notes From Oral Argument, Harry A. Blackmun

Illinois v. Gates 462 U.S. 213 (1983)

Harry A Blackmun's handwritten notes during the oral argument of Illinois v. Gates.

Motion Of The Solicitor General For Leave To Reply Brief As Amicus Curiae, David A. Schlueter

Illinois v. Gates 462 U.S. 213 (1983)

After the Court restored this case to the calendar for re argument, the SG filed an amicus brief. Resps and other amici filed briefs and directed many of their arguments to the SG ' s brief. The SG now moves for special leave to file a reply brief as amicus so that he might address those arguments. He recognizes that Rule 36.5 of this Court's Rules disallows such filings but contends that the importance of the Fourth Amendment issue presented and the United States' substantial interest warrant an exception.

Preliminary Memorandum, Unknown

Illinois v. Gates 462 U.S. 213 (1983)

The state contends that a letter from an anonymous informer, together with corroborating circumstances, was sufficient probable cause under Aguilar for issuance of a search warrant.

This case boils down to a factual dispute over whether it is more like Spinelli or Draper. Three Illinois courts decided that the corroboration in this case did not demonstrate that a tip in an anonymous letter provided probable cause. Although the tip ultimately proved correct, there was no reason to believe that the author of the letter would tell the truth, and the police investigation revealed no criminal activity. The Illinois S Ct …

Justice Stevens, Dissenting, John Paul Stevens

Illinois v. Gates 462 U.S. 213 (1983)

Justice Steven's dissenting opinion in Illinois v. Gates.

11-12-1982 Correspondence From Marshall To Stevens, Thurgood Marshall

Illinois v. Gates 462 U.S. 213 (1983)

Correspondence from Marshal to Stevens joining in his dissent.