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The Stickiness Principle And Searches Incident To Arrest, Steven I. Friedland
The Stickiness Principle And Searches Incident To Arrest, Steven I. Friedland
Steven I. Friedland
In Fourth Amendment decisions, different concepts, facts and assumptions about reality are often tethered together in judicial decisions, creating a Stickiness Principle. In particular, form and function historically were viewed as an identity, not a dichotomy. For example, containers carried things, watches told time, and telephones were used to make voice calls. Advancing technology, though, began to fracture this identity and the broader Stickiness Principle.
In June 2014, Riley v. California and its companion case, United States v. Wurie, offered the Supreme Court an opportunity to begin untethering form and function and dismantling the Stickiness Principle. Riley presented the question …
Cell Phone Searches In A Digital World: Blurred Lines, New Realities And Fourth Amendment Pluralism, Steven I. Friedland
Cell Phone Searches In A Digital World: Blurred Lines, New Realities And Fourth Amendment Pluralism, Steven I. Friedland
Steven I. Friedland
State and federal courts are split over whether cell phone searches incident to a lawful arrest are permissible under the Fourth Amendment. The Supreme Court has the opportunity to create uniformity by accepting a certiorari petition in a cell phone search incident to arrest case, either United States v. Wurie or Riley v. California. The Court should do so to create an analysis that incorporates sensory enhancing technology, not avoids it, as it has done to date.
The split in case law evidences a central contradiction. Fourth Amendment rules need to be predictable and based on clear guidelines for effective …