by Dean S. Acheson*
This Contribution examines whether police have effectuated a Fourth Amendment seizure by show of authority when an individual flees from a momentary encounter. Dean S. Acheson (’21) argues that, under Fourth Amendment precedent, pre-flight compliance does not constitute submission to a show of authority in a police interaction that consists of answering brief questions and engaging in evasive behavior.
By Caleb Younger*
Must interpreters be available for cross examination under the Confrontation Clause? In this Contribution, Caleb Younger (’19) discusses the conduit theory in light of the Supreme Court’s decision in Crawford v. Washington and subsequent lower court findings. Ultimately, this Contribution argues that the Crawford Court properly interpreted the Sixth Amendment and that the language conduit theory fails under both Supreme Court jurisprudence and the Constitutional text.
By Daniel Kugler*
Do allegations of terrorist conduct along with the accused’s unrelated criminal records, establish probable cause under the Fourth Amendment? In this Contribution, Daniel Kugler (’19) discusses how circuits have approached this and similar questions using the Supreme Court’s totality of the circumstances framework. This Contribution argues that an ex-spouse’s allegations of terrorism—such as stockpiling weapons and posting terrorist propaganda on social media—are insufficient to establish probable cause to search for contraband when accompanied only by the accused’s unrelated criminal records.
by Leah Romm*
What principles should courts keep in mind when inquiring into a defendant’s financial situation? In this Contribution, Leah Romm (’19) discusses the equal protection and due process challenges to incarcerating individuals because of their inability to pay fees or fines. Ultimately, this Contribution argues that courts are constitutionally required to inquire into and determine the financial status of individuals who fail to pay the fees or fines they owe.
by Andrew Breland*
How should police officers take into account the different needs of a person with disabilities during an arrest? In this Contribution, Andrew Breland (’18) examines the role of the Americans with Disabilities Act in governing arrests and investigations by police of persons with disabilities. Ultimately, this Contribution argues that the ADA’s reasonable accommodation requirement modifies what searches and seizures of individuals with disabilities are considered reasonable under the Fourth Amendment.
by Rona Li*
In a capital case, can a defense attorney, against his client’s express objections, concede his client’s guilt to the jury? In this Contribution, Rona Li (’19) discusses the trial strategy of a defense attorney conceding guilt to avoid a death sentence and the conflict with his client’s Sixth Amendment right to conduct his own defense. Ultimately, this Contribution argues that when a defense attorney admits his client’s guilt to the jury over his client’s unequivocal objection, he violates the defendant’s Sixth Amendment right to make fundamental decisions about his case, and further, that his actions constitute ineffective assistance of counsel.
by Kristin Mulvey*
When an automobile is parked in a driveway in the curtilage of the home, does the automobile exception to the Fourth Amendment still apply? In this Contribution, Kristin Mulvey (’19) argues that the automobile exception to the Fourth Amendment should not apply when the vehicle is in the curtilage of the home. Further, this Contribution demonstrates that the underlying justifications for the automobile exception do not support a warrantless search of an automobile parked in a driveway.
by Conor Gaffney*
How should police officers take into account the different needs of a person with disabilities during an arrest? In this Contribution, Conor Gaffney (’18) examines the role of the Americans with Disabilities Act in governing arrests and investigations by police of persons with disabilities. Ultimately, this Contribution argues that the ADA’s reasonable accommodation requirement modifies what searches and seizures of individuals with disabilities are considered reasonable under the Fourth Amendment.
by Brittney Nagle*
What actions should prosecutors and regulators take following a financial institution’s failure to meet the terms of a Deferred Prosecution Agreement? In this Contribution, Brittney Nagle (’18) analyzes the options and remedies that U.S. prosecutors and regulators can pursue to promote accountability in the financial sector. This Contribution ultimately argues that they should pursue a combination of criminal charges against the institutions and actions to disgorge top executives of bonuses and other discretionary income.
by Savannah Ashby*
Should the Fourth Amendment exclusionary rule apply when an officer acts in good faith in the execution of a warrant based on tainted evidence? In this Contribution, Savannah Ashby (’18) discusses the differing ways in which Courts of Appeals have applied the good faith exception to the exclusionary rule in situations where the warrant is based on tainted evidence. Ultimately, this Contribution argues that the good faith exception to the exclusionary rule should not apply to evidence obtained in execution of a warrant based on tainted evidence as it more consistent with the goal of the exclusionary rule: deterring officers from committing Fourth Amendment violations.
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