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The Problem Of Policing, Rachel A. Harmon
The Problem Of Policing, Rachel A. Harmon
Rachel A. Harmon
The legal problem of policing is how to regulate police authority to permit officers to enforce law while also protecting individual liberty and minimizing the social costs the police impose. Courts and commentators have largely treated the problem of policing as limited to preventing violations of constitutional rights and its solution as the judicial definition and enforcement of those rights. But constitutional law and courts alone are necessarily inadequate to regulate the police. Constitutional law does not protect important interests below the constitutional threshold or effectively address the distributional impacts of law enforcement activities. Nor can the judiciary adequately assess …
Memorandum Fourth Amendment Warrantless Search Consent Exception & Request For New Trial, Rosi Lehr
Memorandum Fourth Amendment Warrantless Search Consent Exception & Request For New Trial, Rosi Lehr
Rosi Lehr
The court correctly held the roommate’s consent was a valid exception to the warrant requirement of the Fourth Amendment because he has common authority and voluntarily consented. The district court correctly held the Judge’s response to the Jury’s question was not improper because he has broad discretion when responding to a jury’s request. Harmless error is error that does not affect the outcome of the case and may be found when the defendant cannot show the case was prejudiced by the Judge’s response