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Full-Text Articles in Law
The Fourth Amendment Inventory As A Check On Digital Searches, Laurent Sacharoff
The Fourth Amendment Inventory As A Check On Digital Searches, Laurent Sacharoff
Sturm College of Law: Faculty Scholarship
Police and federal agents generally must obtain a warrant to search the tens of thousands of devices they seize each year. But once they have a warrant, courts afford these officers broad leeway to search the entire device, every file and folder, all metadata and deleted data, even if in search of only one incriminating file. Courts avow great reverence for the privacy of personal information under the Fourth Amendment but then claim there is no way to limit where an officer might find the target files, or know where the suspect may have hidden them.
These courts have a …
Unlocking The Fifth Amendment: Passwords And Encrypted Devices, Laurent Sacharoff
Unlocking The Fifth Amendment: Passwords And Encrypted Devices, Laurent Sacharoff
Sturm College of Law: Faculty Scholarship
Each year, law enforcement seizes thousands of electronic devices — smartphones, laptops, and notebooks — that it cannot open without the suspect’s password. Without this password, the information on the device sits completely scrambled behind a wall of encryption. Sometimes agents will be able to obtain the information by hacking, discovering copies of data on the cloud, or obtaining the password voluntarily from the suspects themselves. But when they cannot, may the government compel suspects to disclose or enter their password?
This Article considers the Fifth Amendment protection against compelled disclosures of passwords — a question that has split and …
Conspiracy As Contract, Laurent Sacharoff
Conspiracy As Contract, Laurent Sacharoff
Sturm College of Law: Faculty Scholarship
This article considers the central concept of criminal conspiracy — the agreement. It shows how both courts and scholars have almost entirely failed to define it. Even more surprisingly, neither discusses how “agreement” in criminal conspiracy compares with the agreement in contract law. Instead, courts have diluted the agreement requirement by substituting “mutual understanding” or “slight connection,” leading to uncertainty, unfairness, and a profusion of conspiracy convictions for mere presence or association.
This article argues courts should define agreement, and do so as an exchange of promises between the conspirators to commit a crime. An exchange of promises meets the …
Public Lawyers And Marijuana Regulation, Sam Kamin, Eli Wald
Public Lawyers And Marijuana Regulation, Sam Kamin, Eli Wald
Sturm College of Law: Faculty Scholarship
Although 23 states and the District of Columbia have now legalized marijuana for medical purposes, marijuana remains a prohibited substance under federal law. Because the production, sale, possession and use of marijuana remain illegal, there is a risk of prosecution under federal laws. Furthermore, those who help marijuana users and providers put themselves at risk — federal law punishes not only those who violate drug laws but also those who assist or conspire with them to do so. In the case of lawyers representing marijuana users and businesspeople, this means not only the real (though remote) risk of criminal prosecution …
The Life Of Crimmigration Law, César Cuauhtémoc García Hernández
The Life Of Crimmigration Law, César Cuauhtémoc García Hernández
Sturm College of Law: Faculty Scholarship
This short essay introduces a collection of articles that arose from the Denver University Law Review’s symposium Crimmigration: Crossing the Border Between Criminal Law and Immigration Law, held in February 2015 at the University ofDenver Sturm College of Law. The essay borrows heavily from the Epilogue to my book Crimmigration Law.
Panel On Problematizing Assumptions About Gender Violence (Transcript), Rashmi Goel, Tamara Love, Elizabeth Macdowell, Adele Morrison
Panel On Problematizing Assumptions About Gender Violence (Transcript), Rashmi Goel, Tamara Love, Elizabeth Macdowell, Adele Morrison
Sturm College of Law: Faculty Scholarship
Transcript of a Panel session at the CONVERGE! Conference on problematizing assumptions about gender violence.
Miranda’S Hidden Right, Laurent Sacharoff
Miranda’S Hidden Right, Laurent Sacharoff
Sturm College of Law: Faculty Scholarship
When the Court in Miranda v. Arizona applied the Fifth Amendment “right to remain silent” to the stationhouse, it also created an inherent contradiction that has bedeviled Miranda cases since. That is, the Court in Miranda said that a suspect can waive her right to remain silent but also that she must invoke it. Numerous courts have repeated this incantation, including most recently last summer in Berghuis v. Thompkins. But how can both be true about the same right? Either the suspect has the right and can waive it or does not yet enjoy it and must therefore invoke it. …