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Hold On: The Remarkably Resilient, Constitutionally Dubious "48-Hour Hold", Steven Mulroy
Hold On: The Remarkably Resilient, Constitutionally Dubious "48-Hour Hold", Steven Mulroy
Steven Mulroy
This article discusses the surprisingly widespread, little-known practice of “48-hour holds,” where police detain a suspect without charge or access to bail for up to 48 hours to continue their investigation; at the end of 48 hours, they either charge or release him. Although it has not been discussed in the scholarly literature, the practice has occurred in a number of large local jurisdictions over the past few decades, and continues today in some of them. The “holds” often take place, admittedly or tacitly, without the probable cause needed to charge a defendant, and thus in violation of the Fourth …
The Court Misses The Point Again In United States V. Jones: An Opt-In Model For Privacy Protection In A Post Google-Earth World, Mary G. Leary
The Court Misses The Point Again In United States V. Jones: An Opt-In Model For Privacy Protection In A Post Google-Earth World, Mary G. Leary
Mary G Leary
“Nothing is private anymore.” This is an oft repeated sentiment by many Americans, not to mention the focus of judicial confusion and legislative blustering. In the wake of publicly available technologies such as Google Earth, internet tracking, cell phone triangulation, to name just a few, many people feel unable to prevent the government or anyone from obtaining private information. While this may seem simply a function of a modern world, this reality creates a fundamental problem for Fourth Amendment jurisprudence which has heretofore gone unrecognized. The Fourth Amendment protects citizens from unreasonable searches and seizures. Therefore, in order for the …
Arizona V. Gant: The Good, The Bad, And The Meaning Of Reasonable Belief, Geoffrey S. Corn
Arizona V. Gant: The Good, The Bad, And The Meaning Of Reasonable Belief, Geoffrey S. Corn
Geoffrey S. Corn
Reasonable belief. Use of this phrase by the Supreme Court in Arizona v. Gant transformed what could have been a clear and logical holding into a source of potential uncertainty. At its core, Gant constricts the authority to search an automobile incident to lawful arrest (SITLA), an authority established by the Court almost thirty years earlier in New York v. Belton. The Court concluded Belton had evolved to a point that could no longer be justified by the underlying exigency rationale for SITLA, creating an automatic and unrestricted search authority whenever the police arrested an occupant or recent occupant of …