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Brief For Professor Albert E. Scherr As Amicus Curiae In Support Of Petitioner, Albert E. Scherr

Law Faculty Scholarship

INTRODUCTION AND SUMMARY OF ARGUMENT Professor Scherr agrees with petitioner that review is warranted because the Maryland Court of Appeals decision is erroneous. The Fourth Amendment does not sanction police harvesting of DNA without probable cause and a warrant and without the subject’s knowledge or consent, to be used however the authorities deem appropriate and without restriction. The Maryland Court of Appeals’ decision is contrary to the Supreme Court’s jurisprudence as articulated in the Riley v. California – Maryland v. King – United States v. Jones trilogy. This case fits squarely in the center of the triangle formed by that …

Evidentiary Power And Propriety Of Digital Identifiers And The Impact On Privacy Rights In The United States, Michael Losavio, Deborah Keeling

Journal of Digital Forensics, Security and Law

Media and network systems capture and store data about electronic activity in new, sometimes unprecedented ways; computational systems make for new means of analysis and knowledge development. These new forms offer new, powerful tactical tools for investigations of electronic malfeasance under traditional legal regulation of state power, particular that of Fourth Amendment limitations on police searches and seizures under the U.S. Constitution. But autonomy, identity and authenticity concerns with electronic data raise issues of public policy, privacy and proper police oversight of civil society. We examine those issues and their implications for digital and computational forensics

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.

11-08-1982 Correspondence From Rehnquist To White, William H. Rehnquist

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

Correspondence from Rehnquist to White agreeing with him.

11-05-1982 Correspondence From Burger To White, Warren E. Burger

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

Correspondence from Burger to White agreeing with him.

11-05-1982 Correspondence From White To The Conference, Byron R. White

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

Correspondence from White to the conference suggesting the order for re argument.