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Full-Text Articles in Law
Are Courts Phoning It In? Resolving Problematic Reasoning In The Debate Over Warrantless Searches Of Cell Phones Incident To Arrest, Derek A. Scheurer
Are Courts Phoning It In? Resolving Problematic Reasoning In The Debate Over Warrantless Searches Of Cell Phones Incident To Arrest, Derek A. Scheurer
Washington Journal of Law, Technology & Arts
In 1973, the United States Supreme Court in United States v. Robinson granted police broad authority to search arrestees’ personal property. Robinson’s broad rule has not been significantly limited and appears increasingly anachronistic in an age of rapidly advancing mobile technologies. Whether upholding or invalidating such searches, courts have relied on reasoning that ignores or conflicts with Robinson. This Article illustrates four problematic contrivances used by state and federal courts: (1) the comparison of mobile devices to “containers; (2) the misinterpretation of United States v. Chadwick’s concept of “property not immediately associated with the person;” (3) the …
Sentencing Court Discretion And The Confused Ban On Internet Bans, Matthew Fredrickson
Sentencing Court Discretion And The Confused Ban On Internet Bans, Matthew Fredrickson
Washington Journal of Law, Technology & Arts
In United States v. Wright, issued June 2013, the Sixth Circuit cited a supposed consensus among circuit courts that Internet bans are per se unreasonably broad sentences in electronic child pornography possession and distribution cases. This Article demonstrates that the Sixth Circuit’s claim of a consensus is mistaken. While some circuit courts of appeal have limited judicial sentencing discretion when it comes to imposing Internet bans, many more have not imposed this limit. Despite this lack of consensus, in cases where such bans are challenged, most courts make their decisions partly based on either the Internet’s pervasive importance in …