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Full-Text Articles in Law
The Fallacy Of A Colorblind Consent Search Doctrine, Beau C. Tremitiere
The Fallacy Of A Colorblind Consent Search Doctrine, Beau C. Tremitiere
Northwestern University Law Review
Most searches conducted by police officers are “consensual” and thus beyond the reach of the Fourth Amendment. However, such searches violate the Fourth Amendment when, under the totality of circumstances, consent appears to be a product of coercion—that is, when the consent was involuntary. In 1980, in Mendenhall v. United States, the Supreme Court identified race as a relevant factor courts should consider but failed to explain precisely why race was relevant. After decades of mistreatment and state-sanctioned violence, distrust of law enforcement was rampant in communities of color, and the Mendenhall Court correctly intuited (but failed to describe) the …
Riley And Abandonment: Expanding Fourth Amendment Protection Of Cell Phones, Abigail Hoverman
Riley And Abandonment: Expanding Fourth Amendment Protection Of Cell Phones, Abigail Hoverman
Northwestern University Law Review
In light of the privacy concerns inherent to personal technological devices, the Supreme Court handed down a unanimous decision in 2014 recognizing the need for categorical heightened protection of cell phones during searches incident to arrest in Riley v. California. This Note argues for expansion of heightened protections for cell phones in the context of abandoned evidence because the same privacy concerns apply. This argument matters because state and federal courts have not provided the needed protection to abandoned cell phones pre- or post-Riley.