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Where Pardons Are Concerned, Second Best May Not Be So Bad After All: A Response To Chad Flanders, Cara H. Drinan
Where Pardons Are Concerned, Second Best May Not Be So Bad After All: A Response To Chad Flanders, Cara H. Drinan
Scholarly Articles
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Searching Cell Phones After Arrest: Exceptions To The Warrant And Probable Cause Requirements, Clifford S. Fishman
Searching Cell Phones After Arrest: Exceptions To The Warrant And Probable Cause Requirements, Clifford S. Fishman
Scholarly Articles
Police officers lawfully arrest a suspect, search him, and seize his cell phone. Sometime later, without first getting a search warrant, an officer answers an incoming call, reads an incoming text, or examines the phone’s memory, call log, prior text messages, photographs, or Internet access records. As a result, the police acquire information that leads to additional evidence concerning the arrest crime, or a totally different and unrelated crime. Prior to trial, the defendant moves to suppress the evidence. The prosecutor argues that the officer’s action was justified by exigent circumstances, constituted a lawful search incident to the arrest, or …
Katz On A Hot Tin Roof: Saving The Fourth Amendment From Commercial Conditioning By Reviving Voluntariness In Disclosures To Third Parties, Mary Graw Leary
Katz On A Hot Tin Roof: Saving The Fourth Amendment From Commercial Conditioning By Reviving Voluntariness In Disclosures To Third Parties, Mary Graw Leary
Scholarly Articles
In a world in which Americans are tracked on the Internet, tracked through their cell phones, tracked through the apps they purchase, and monitored by hundreds of traffic cameras, privacy is quickly becoming nothing more than a quaint vestige of the past.
In a previous article discussing the intersection of technology and the Fourth Amendment, I proposed reframing the issue away from conventional commentary. The Missed Opportunity of United States v. Jones: Commercial Erosion of Fourth Amendment Protection in a Post-Google Earth World, 15 PENN. J. CON. L. 331, 333 (2012). That article posits that society has reached the point …
Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan
Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan
Scholarly Articles
As we mark the fiftieth anniversary of Gideon, in this Article I argue that we can and should be more realistic in our efforts to enforce the right to counsel. Assuming, as many now do, that five decades of resource-starved indigent defense will likely continue in the future, where are our efforts most effectively deployed in the years to come? I address that question in three parts. Part II briefly acknowledges the entrenched crisis in indigent defense that is as old as the Gideon decision itself. Part III examines the most salient reform efforts of the last fifty years, highlighting …