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Full-Text Articles in Law
Police-Worn Body Cameras: An Antidote To The “Ferguson Effect”?, Alberto R. Gonzales, Donald Q. Cochran
Police-Worn Body Cameras: An Antidote To The “Ferguson Effect”?, Alberto R. Gonzales, Donald Q. Cochran
Missouri Law Review
This Article explores the questions raised by this scenario, focusing on police-worn body cameras, the role these cameras may play in officer-citizen encounters, and the resolution of legal disputes that arise from such encounters. Part II discusses what role, if any, citizen-recorded videos and the effect they have on society play in the prevalence of crime – what has sometimes been called the “Ferguson effect.” Part III explores the role police-worn body cameras could play in counteracting any such effect, addressing arguments in favor of body cameras and exploring their potential to encourage positive police and citizen behavior. Part IV …
Building Trust And Breaking Down The Wall: The Use Of Restorative Justice To Repair Police-Community Relationships, Laura Merkey
Building Trust And Breaking Down The Wall: The Use Of Restorative Justice To Repair Police-Community Relationships, Laura Merkey
Missouri Law Review
The town of Ferguson, Missouri, captured national attention when a grand jury failed to indict Darren Wilson, a white police officer who shot and killed Michael Brown, an unarmed black teenager, three months prior. Similar citizen deaths involving police in both New York City and Cleveland have magnified the tensions felt across the country, and in many cities and communities, the community-police relationships are rapidly becoming untenable. Baltimore, Maryland, is a prime example; protests, riots, and an atmosphere of mistrust pervaded the city for months after the deaths of Michael Brown, Eric Garner, and Tamir Rice. The situation was, simply …
Ferguson And Police Use Of Deadly Force, Richard Rosenfeld
Ferguson And Police Use Of Deadly Force, Richard Rosenfeld
Missouri Law Review
The killing of Michael Brown, an unarmed black teenager, by Darren Wilson, a white police officer in Ferguson, Missouri, sparked widespread protests in the St. Louis area and across the nation. Protests and civil unrest resumed after a St. Louis County grand jury declined to indict the police officer.2 Protesters and commentators raised several issues related to the Ferguson incident and police use of deadly force. This Article addresses four of those issues: (1) Why Ferguson? (2) Did the Ferguson killing and ensuing civil unrest increase crime rates in St. Louis? (3) What is known about police use of deadly …
Missouri's Foggy Fog Line Law, Charity Whitney
Missouri's Foggy Fog Line Law, Charity Whitney
Missouri Law Review
When told that crossing the fog line is not sufficient grounds for a traffic stop in Missouri, most people will answer, "What is the fog line?" Though the term may be unfamiliar to many, anyone who drives would recognize the object to which it refers - the white or yellow line on the side of the road that indicates the end of the lane and the beginning of the shoulder. Fog lines have been the subject of much civil and criminal litigation in Missouri, at both the state and federal levels. Crossing a fog line is a traffic violation for …
Swimming Against The Tide: The Eighth Circuit Holds That Fleeing A Police Officer In A Motor Vehicle Is Not A Crime Of Violence, Nichole Walsch
Swimming Against The Tide: The Eighth Circuit Holds That Fleeing A Police Officer In A Motor Vehicle Is Not A Crime Of Violence, Nichole Walsch
Missouri Law Review
In 2009, the U.S. Court of Appeals for the Eighth Circuit held that the Minnesota offense of fleeing a peace officer in a motor vehicle is not a "crime of violence" for the purposes of the Federal Sentencing Guidelines. Under the Federal Sentencing Guidelines (Sentencing Guidelines), a crime of violence is defined as any state or federal offense "punishable by imprisonment for a term exceeding one year" that involves the use of physical force against another person or that "is burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential …
Call To Police The Margins: The Eighth Circuit's Expansion Of Miranda's Public-Safety Exception, A, Bradley S. Dixon
Call To Police The Margins: The Eighth Circuit's Expansion Of Miranda's Public-Safety Exception, A, Bradley S. Dixon
Missouri Law Review
The right of every citizen against compulsory self-incrimination is a principle firmly embedded in the American justice system. The Supreme Court of the United States in Miranda v. Arizona, a decision that has established itself in the public consciousness, found the abuses of law enforcement so grave that the Court mandated certain prophylactic measures to protect Fifth Amendment rights. In doing so, the Court recognized that it was balancing the interest of protecting individuals' Fifth Amendment rights against the potential detrimental costs to effective law enforcement. In New York v. Quarles, the Supreme Court found a public policy exception to …
Struggling To Give Meaning To The Concept Of Meaningful Interference: The Eighth Circuit Announces A New Rule, Joshua C. Devine
Struggling To Give Meaning To The Concept Of Meaningful Interference: The Eighth Circuit Announces A New Rule, Joshua C. Devine
Missouri Law Review
This Note examines United States v. Va Lerie, a recent Eighth Circuit case involving law enforcement interference with property entrusted to Greyhound, a third-party common carrier. In Va Lerie, the Eighth Circuit established a new test for determining when property entrusted to third-party common carriers is seized within the meaning of the Fourth Amendment. This Note argues that the Eighth Circuit's new test fails to comport with the holding of Jacobsen. As such, the Eighth Circuit should have adhered to a line of precedent that distinguishes between the touching of property by law enforcement officials and a more detailed inquiry …
Knock-And-Announce Rule: An Illusory Hurdle Or A Legitimate Law Enforcement Limitation, The, Mitchell E. Kempker
Knock-And-Announce Rule: An Illusory Hurdle Or A Legitimate Law Enforcement Limitation, The, Mitchell E. Kempker
Missouri Law Review
Woven into the western world's legal fabric by English courts over four centuries ago, the knock-and-announce rule requires law enforcement officials to knock at a residence and announce their presence prior to executing a search warrant. Recently, the efficacy of this law enforcement restriction and essential civil right has been challenged by various United States courts. On June 15, 2006, the United States Supreme Court eviscerated an essential remedy for violation of this rule, and last year, the Eighth Circuit's decision in Doran v. Eckold diminished the threshold for permissible no-knock entries. These decisions have eroded the constitutional protection the …
Sting Operations, Undercover Agents, And Entrapment, Bruce Hay
Sting Operations, Undercover Agents, And Entrapment, Bruce Hay
Missouri Law Review
This Article focuses on two distinct functions of sting operations. One is the informational, or investigatory, function of identifying individuals who are engaged in (or likely to engage in) criminal activity. The second is the behavioral function of deterring individuals from engaging in (independent) criminal activity: the threat of being caught in a sting may scare individuals away from genuine criminal opportunities that would otherwise seem appealing. Though complementary in some respects, these functions are also in some tension with each other. A sting operation that does not serve informational purposes may be good for deterrent purposes, and vice versa. …
Mediating Citizen Complaints Against The Police: An Exploratory Study , Samuel Walker, Carol Archbold
Mediating Citizen Complaints Against The Police: An Exploratory Study , Samuel Walker, Carol Archbold
Journal of Dispute Resolution
This article examines the subject of mediating citizen complaints against the police. It reviews the history of citizen complaints, presents data on existing police complaint mediation programs, and discusses the potential contributions of mediation to police accountability.