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 Kimberly La Fronz*
When conducting a warrantless search or seizure, must a police officer have probable cause for all elements of the crime, including mens rea? In this Contribution, Kimberly La Fronz (’18) discusses what the circuits include in their totality of the circumstances analysis to determine probable cause. This Contribution argues that in order to effect a warrantless arrest a police officer must have probable cause with respect to every element of the crime in order to effect a warrantless arrest and must not ignore exonerating evidence in their totality of the circumstances analysis.
by Sharon Turret*
How long may Immigration and Customs Enforcement detain a noncitizen before he or she must go before a judge? In this Contribution, Sharon Turret (’18) analyzes the Due Process Clause issues with a “reasonableness” test for length of detention and the need for a bright-line rule. This Contribution argues that the Due Process Clause requires a bright-line rule that the length of detention be presumed unreasonable after six months. That very bright-line rule is now before the Supreme Court in Jennings v. Rodriguez.
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