JOURNAL OF LAW RICHMOND VOLUME 14 WINTER 2011 NUMBER 3 AND THE PUBLIC INTEREST ARTICLES

Size: px
Start display at page:

Download "JOURNAL OF LAW RICHMOND VOLUME 14 WINTER 2011 NUMBER 3 AND THE PUBLIC INTEREST ARTICLES"

Transcription

1 RICHMOND JOURNAL OF LAW AND THE PUBLIC INTEREST VOLUME 14 WINTER 2011 NUMBER 3 ARTICLES COURTS RE-EXAMINE THE APPLICATION OF GOLDFINGER-ERA ELECTRONIC TRACKING CASES TO LAW ENFORCEMENT USE OF GPS TRACKING DEVICES... Joshua A. Engel PROTECTING THE IVORY TOWER: SENSIBLE SECURITY OR INVASION OF PRIVACY?... Stephen D. Lichtenstein AUTOMOBILE CONSENT SEARCHES: THE DRIVER S OPTIONS IN A LOSE-LOSE SITUATION... Arthur J. Park COMMENTS JUDICIAL GATEKEEPING AND THE SEVENTH AMENDMENT: HOW DAUBERT INFRINGES ON THE CONSTITUTIONAL RIGHT TO A CIVIL JURY TRIAL... Brandon L. Boxler THE UNAVOIDABLE ECCLESIASTICAL COLLISION IN VIRGINIA... Isaac A. McBeth & Jennifer R. Sykes

2 RICHMOND JOURNAL OF LAW AND THE PUBLIC INTEREST VOLUME EDITORIAL BOARD SHEILA MOHEB Editor-in-Chief MICHAEL PUGLISI Managing Editor M.R. ROWE Recruitment Editor JILLIAN MALIZIO Executive Editor GREGORY ENGLE Publications Editor CARTER KEENEY General Assembly Editor Lead Articles Editors LAUREN C. CAMPBELL DAVID TAIT Notes and Comments Editor PAUL KOSHETAR Symposium Editor KYLE MATYKOWSKI Manuscripts Editors CHRISTOPHER STEELE PARI ASHKANI Senior Staff SHLAWNA SIKOCHI Associate Editors RYAN FOREMAN MARY GARBER RACHEL REYNOLDS Staff NNENNAYA ANYIWO HILLARY BROWN DAVID CRUMPLAR ERIKA ENCINAS KELSEY FARBOTKO TRACY HALLMANN MEGAN HAZLETT ELIZABETH JAMERSON CHRISTOPHER JONES CARLON MATTHEWS TYLER RHODES EMILY SEALY AMY WEISS

3 INFORMATION ABOUT THE RICHMOND JOURNAL OF LAW AND THE PUBLIC INTEREST The Richmond Journal of Law and the Public Interest is published quarterly by the University of Richmond: T.C. Williams School of Law. Questions, comments, and suggestions regarding the content of the Journal are welcomed at: University of Richmond School of Law 28 Westhampton Way University of Richmond, VA (804) EDITORIAL POLICY: The Richmond Journal of Law and the Public Interest seeks to preserve the author s writing style when editing articles selected for publication. As part of the ongoing relationship between the Journal and its authors, each author is given the opportunity to review his or her article prior to its publication. SUBMISSIONS: The Journal invites the submission of unsolicited articles, essays, comments, and notes throughout the year on a variety of topics. Manuscripts should include the author s biographical information either in text or in an accompanying résumé or curriculum vitae. Manuscripts submitted in a printed format will not be returned unless specifically requested and accompanied with proper postage. Manuscripts may be sent in printed form to Richmond Journal of Law and the Public Interest at the above address or by electronic mail at SUBSCRIPTIONS: Subscription inquiries may be addressed to the Journal s Managing Editor at the address listed above. COPYRIGHT: All articles copyright 2011 by the Richmond Journal of Law and the Public Interest, unless noted otherwise. Articles herein may be duplicated for classroom use, provided that (1) each copy is distributed at or below xxvi

4 2011] xxvii cost, (2) the Journal is notified of such use, (3) proper notice of copyright is affixed to each copy, and (4) the author and Journal are identified on each copy. CITATIONS: The text and citations of the Journal conform to The Bluebook: A Uniform System of Citation (18th ed. 2006). Cite as: RICH. J.L. & PUB. INT.

5 2011] FACULTY LIST xxviii UNIVERSITY OF RICHMOND T.C. WILLIAMS SCHOOL OF LAW ADMINISTRATION Edward L. Ayers, B.A., M.A., Ph.D... President of the University of Richmond John G. Douglass, B.A., J.D... Dean, Professor of Law M. Denise Melton Carl, B.A., J.D. Director and Associate Dean of Career Services Timothy L. Coggins, B.A., M.S., J.D... Associate Dean, Library and Information Services, Professor of Law Kristine M. Henderson, B.A., J.D...Associate Dean for Student and Administrative Services Corrina Barrett Lain... Associate Dean for Faculty Development, Professor of Law Michelle Rahman... Associate Dean for Admissions Roberta Oster Sachs... Associate Dean for External Relations W. Clark Williams, Jr., B.A., J.D... Associate Dean for Academic Affairs, Professor of Law FACULTY Azizah Y. al-hibri, B.A., J.D., Ph.D... Professor of Law Margaret I. Bacigal, B.A., J.D...Clinical Professor of Law; Administrative Director, Clinical Placement Program Ronald J. Bacigal, B.S., LL.B... Professor of Law W. Wade Berryhill, B.S., J.D., LL.M.... Professor Emeritus of Law W. Hamilton Bryson, B.A., LL.B., LL.M., Ph.D... Blackstone Professor of Law The Hon. Senior Justice Harry L. Carrico, B.A., J.D., LL.D... Visiting Professor of Law and Civic Engagement John Carroll, B.S., J.D., LL.M.... Assistant Clinical Professor of Law; Director of the Intellectual Property and Transactional Law Clinic Tara L. Casey, B.A., J.D... Director, Harry L. Carrico Center for Pro Bono Service Henry L. Chambers, B.A., J.D... Professor of Law Christopher A. Cotropia, B.S., J.D... Professor of Law Joel B. Eisen, B.S., J.D... Professor of Law Tamar Schwartz Eisen, B.A., J.D... Assistant Professor of Lawyering Skills; Director of Lawyering Skills I & II David G. Epstein, B.A., LL.B, LL.M... Allen Professor of Law Jessica M. Erickson, B.A., J.D... Associate Professor of Law

6 2011] FACULTY LIST xxix William O. Fisher, A.B., J.D., M.P.P... Assistant Professor of Law David Frisch, B.S., J.D., LL.M... Professor of Law James Gibson, B.A., J.D... Professor of Law; Director, Intellectual Property Institute Meredith Johnson Harbach, B.A., J.D.... Assistant Professor of Law Mary L. Heen, B.A., M.A.T., J.D., LL.M... Professor of Law Ann C. Hodges, B.S., M.A., J.D... Professor of Law Melanie C. Holloway, B.A., J.D... Visiting Assistant Professor of Law; Director, Lawyering Skills IV J. Rodney Johnson, B.A., J.D., LL.M... Professor of Emeritus of Law John P. Jones, B.A., J.D., LL.M... Professor of Law Timothy M. Kaine, B.A., J.D... Senior Distinguished Lecturer on Law and Leadership Marci Kelly, B.A., J.D., LL.M... Visiting Assistant Professor of Law The Hon. Justice Elizabeth B. Lacy, B.A., J.D., LL.M... John Marshall Professor of Judicial Studies Dale S. Margolin, B.A., J.D... Assistant Clinical Professor of Law; Director, Jeanette Lipman Family Law Clinic Shari Motro, B.A., J.D... Associate Professor of Law Daniel T. Murphy, B.A., J.D., LL.M... Professor of Law; Director, International Studies Kristen Jakobsen Osenga, B.S.E., M.S., J.D... Associate Professor of Law John R. Pagan, A.B., M.Litt., J.D., D.Phil... University Professor of Law John F. Preis, B.S., J.D... Associate Professor of Law Emmeline Paulette Reeves, B.A., J.D... Associate Professor of Law for Academic Support Kimberly J. Robinson, B.A., J.D... Professor of Law Mark Rubin, B.A., J.D... A.L. Philpott Adjunct Professor of Law Noah M. Sachs, B.A., M.P.A., J.D... Associate Professor of Law; Director, Robert R. Merhige, Jr. Center for Environmental Studies Graham B. Strong, B.A., J.D., LL.M... Visiting Professor of Law Jonathan K. Stubbs, B.A., B.A., J.D., LL.M., M.T.S... Professor of Law Peter N. Swisher, B.A., M.A., J.D... Professor of Law Mary Kelly Tate, B.A., J.D... Director, Richmond Institute for Actual Innocence Paul M. Thompson, B.A., J.D.... Adjunct Professor of Law; Director of Special Projects Carl W. Tobias, B.A., LL.B... Williams Professor of Law Adrienne E. Volenik, B.A., J.D...Clinical Professor of Law; Director, Disabilities Law Clinic; Acting Director of the National Center for Family Law Margaret Ann B. Walker, B.A., J.D... Visiting Assistant Professor for Academic Success Program Kevin C. Walsh, A.B., M.A., J.D.... Assistant Professor of Law

7 xxx RICHMOND JOURNAL OF LAW AND THE PUBLIC INTEREST [Vol. XIV:401 ADJUNCT FACULTY Hugh E. Aaron, B.S., M.H.A., J.D... Adjunct Associate Professor of Law John Adams, B.A., J.D... Adjunct Assistant Professor of Law Farhad Aghdami, B.A., J.D., LL.M... Adjunct Assistant Professor of Law The Hon. Michael Allen, B.A., M.A., J.D... Adjunct Professor of Law Edward D. Barnes, B.A., J.D... Adjunct Professor of Law William J. Benos, LL.B., J.D... Adjunct Professor of Law Robert W. Best, B.A., J.D... Adjunct Assistant Professor of Law J. Edward Betts, A.B., J.D., LL.M... Adjunct Assistant Professor of Law Thomas O. Bondurant, Jr., B.A., J.D... Adjunct Associate Professor of Law Claudia Brand, J.D... Adjunct Assistant Professor of Law The Hon. Lynn S. Brice, B.A., M.S.W., J.D... Adjunct Professor of Law Ann T. Burks, B.A., M.A., J.D... Adjunct Assistant Professor of Law Craig M. Burshem, B.S., J.D... Adjunct Assistant Professor of Law Jack W. Burtch, Jr., B.A., J.D... Adjunct Professor of Law Sean Byrne, B.A., J.D... Adjunct Associate Professor of Law Claire G. Cardwell, B.A., J.D... Adjunct Professor of Law John Carroll, B.S., J.D., LL.M... Adjunct Assistant Professor of Law Michael P. Chiffolo, B.A., J.D... Adjunct Assistant Professor of Law Christopher J. Collins, B.A., J.D... Adjunct Professor of Law Nancy D. Cook, B.S., J.D... Adjunct Associate Professor of Law James C. Cosby, B.A., J.D... Adjunct Professor of Law Ashley T. Davis, B.A., J.D... Adjunct Assistant Professor of Law Marla G. Decker, B.A., J.D... Adjunct Professor of Law Duane A. Deskevich, B.A., J.D... Adjunct Assistant Professor of Law William J. Dinkin, B.A., J.D... Adjunct Associate Professor of Law Morna Ellis, M.Ed., J.D... Adjunct Assistant Professor of Law Andrea S. Erard, B.A., J.D... Adjunct Associate Professor of Law Stephen M. Faraci, Sr., B.A., J.D... Adjunct Assistant Professor of Law Bennett J. Fidlow, B.F.A., M.F.A., J.D... Adjunct Assistant Professor of Law Hayden D. Fisher, B.A., J.D... Adjunct Assistant Professor of Law Jacqueline M. Ford, B.A., J.D... Adjunct Assistant Professor of Law Matthew P. Geary, B.S., J.D... Adjunct Assistant Professor of Law Frederick R. Gerson, B.A., J.D... Adjunct Assistant Professor of Law John Gibney, Jr., B.A., J.D... Adjunct Assistant Professor of Law Michael Gill, B.A., J.D... Adjunct Assistant Professor of Law Paul G. Gill, B.A., J.D... Adjunct Associate Professor of Law Michael L. Goodman, B.A., J.D... Adjunct Professor of Law Carolyn V. Grady, B.A., J.D... Adjunct Professor of Law Timothy H. Guare, B.A., J.D... Adjunct Associate Professor of Law Steven M. Haas, B.A., J.D... Adjunct Assistant Professor of Law Sarah J. Hallock, B.A., J.D... Adjunct Assistant Professor of Law Patrick R. Hanes, B.A., J.D... Adjunct Assistant Professor of Law Lynn Hanley, B.A., M.A., J.D... Adjunct Assistant Professor of Law The Hon. Leroy R. Hassell, B.A., J.D... Adjunct Professor of Law

8 2011] FACULTY LIST xxxi Robert W. Hawkins, B.A., LL.B., J.D... Adjunct Assistant Professor of Law Samuel W. Hixon, B.S., LL.B... Adjunct Assistant Professor of Law Michael N. Herring, B.A., J.D... Adjunct Associate Professor of Law Robert L. Hodges, B.A., J.D... Adjunct Professor of Law Melissa Hoy, B.A., J.D... Adjunct Assistant Professor of Law The Hon. Henry E. Hudson, B.A., J.D... Adjunct Professor of Law John Iezzi, B.A., C.P.A... Adjunct Associate Professor of Law Vernon E. Inge, B.A., J.D... Adjunct Associate Professor of Law John C. Ivins, Jr., B.A., J.D... Adjunct Associate Professor of Law Herndon Jeffreys, III, B.A., J.D... Adjunct Associate Professor of Law Caroline G. Jennings, B.A., J.D... Adjunct Assistant Professor of Law David J. Johnson, B.A., J.D... Adjunct Assistant Professor of Law Christina Jones, B.S., J.D... Adjunct Assistant Professor of Law Jessica S. Jones, B.A., M.L.S., J.D... Adjunct Associate Professor of Law Phyllis C. Katz, B.A., M.A., J.D... Adjunct Assistant Professor of Law Katherine Murray Kelley, B.A., J.D... Adjunct Assistant Professor of Law Laura W. Khatcheressian, B.A., J.D... Adjunct Assistant Professor of Law Jodi E. Lemacks, B.A., J.D... Adjunct Associate Professor of Law Bethany G. Lukitsch, B.S., J.D... Adjunct Assistant Professor of Law Kimberly M. Magee, B.A., J.D... Adjunct Assistant Professor of Law Mary E. Maguire, B.A., J.D... Adjunct Assistant Professor of Law Courtney M. Malveaux, B.A., M.A., J.D... Adjunct Assistant Professor of Law Bruce Matson, B.A., J.D... Adjunct Associate Professor of Law Steven C. McCallum, B.A., J.D... Adjunct Assistant Professor of Law James M. McCauley, B.A., J.D... Adjunct Associate Professor of Law Kathleen McCauley, B.A., J.D... Adjunct Associate Professor of Law Patricia C. McCullagh, B.S., J.D... Adjunct Assistant Professor of Law Perry W. Miles, B.A., J.D... Adjunct Associate Professor of Law Stephen Miller, B.A., J.D... Adjunct Associate Professor of Law Dale G. Mullen, B.S., J.D... Adjunct Assistant Professor of Law Nancy V. Oglesby, B.A., J.D... Adjunct Assistant Professor of Law Victoria Pearson, B.A., J.D... Adjunct Assistant Professor of Law James Phillips, B.A., J.D., Ph.D... Adjunct Professor of Law Cortland Putbrese, B.A., J.D... Adjunct Assistant Professor of Law Geetha Ravindra, B.A., J.D... Adjunct Assistant Professor of Law John V. Robinson, B.A., B.L., J.D... Adjunct Associate Professor of Law The Hon. Frederick G. Rockwell, III, B.A., J.D... Adjunct Professor of Law Thomas P. Rohman, B.B.A., J.D... Adjunct Professor of Law Randy B. Rowlett, B.A., J.D... Adjunct Assistant Professor of Law Doron Samuel-Siegel, B.A., J.D... Adjunct AssistantProfessor of Law Connelia Savage, B.S., J.D... Adjunct Assistant Professor of Law Debra Schneider, B.A., J.D... Adjunct Assistant Professor of Law Cullen Seitzer, B.A., J.D... Adjunct Associate Professor of Law Patricia M. Sherron, B.A., J.D., M.P.A... Adjunct Professor of Law The Hon. Beverly W. Snukals, B.A., J.D... Adjunct Professor of Law James M. Snyder, B.A., J.D... Adjunct Assistant Professor of Law John Thomas, B.A., J.D... Adjunct Associate Professor of Law

9 xxxii RICHMOND JOURNAL OF LAW AND THE PUBLIC INTEREST [Vol. XIV:401 Brent M. Timberlake, B.A., J.D... Adjunct Assistant Professor of Law John T. Tucker, B.S., J.D... Adjunct Professor of Law Robert J. Wagner, B.A., J.D... Adjunct Associate Professor of Law Kristin P. Walinski, B.A., J.D... Adjunct Assistant Professor of Law John R. Walk, B.A., J.D... Adjunct Professor of Law Michelle Welch, B.A., J.D... Adjunct Assistant Professor of Law Thomas M. Wolf, B.A., J.D... Adjunct Associate Professor of Law Jodi E. Lemacks, B.A., J.D.... Adjunct Associate Professor of Law Bethany G. Lukitsch, B.S., J.D... Adjunct Assistant Professor of Law Kimberly M. Magee, B.A., J.D.... Adjunct Assistant Professor of Law Mary E. Maguire, B.A., J.D.... Adjunct Assistant Professor of Law Courtney M. Malveaux, B.A., M.A., J.D.... Adjunct Assistant Professor of Law Cameron S. Matheson, B.A., J.D.... Adjunct Assistant Professor of Law Bruce Matson, B.A., J.D.... Adjunct Associate Professor of Law Steven C. McCallum, B.A., J.D.... Adjunct Assistant Professor of Law James M. McCauley, B.A., J.D.... Adjunct Associate Professor of Law Kathleen McCauley, B.A., J.D.... Adjunct Associate Professor of Law Patricia C. McCullagh, B.S., J.D.... Adjunct Assistant Professor of Law Steven R. McCullough, B.A., J.D.... Adjunct Associate Professor of Law Gary L. McDowell, B.A., M.A., A.M., Ph.D.... Tyler Hanes Interdisciplinary Professor in Leadership Studies Charles G. Meyer, III, B.A., M.Phil., J.D.... Adjunct Associate Professor of Law Perry W. Miles, B.S., J.D.... Adjunct Associate Professor of Law Stephen Miller, B.A., J.D.... Adjunct Associate Professor of Law Dale G. Mullen, B.S., J.D.... Adjunct Assistant Professor of Law Nancy V. Oglesby, B.A., J.D.... Adjunct Assistant Professor of Law Victoria Pearson, B.A., J.D.... Adjunct Assistant Professor of Law James Phillips, B.A., J.D., Ph.D.... Adjunct Professor of Law Cortland Putbrese, B.A., J.D.... Adjunct Assistant Professor of Law Geetha Ravindra, B.A., J.D.... Adjunct Assistant Professor of Law C. Jay Robbins, IV, B.A., M.A., J.D Adjunct Assistant Professor of Law John V. Robinson, B.A., B.L., J.D.... Adjunct Associate Professor of Law The Hon. Frederick G. Rockwell, III, B.A., J.D.... Adjunct Professor of Law Thomas P. Rohman, B.B.A., J.D.... Adjunct Professor of Law Randy B. Rowlett, B.A., J.D.... Adjunct Assistant Professor of Law Mark Rubin, B.A., J.D... Adjunct Professor of Law Cornelia Savage, B.S., J.D.... Adjunct Assistant Professor of Law Debra Schneider, B.A., J.D.... Adjunct Assistant Professor of Law Cullen Seltzer, B.A., J.D.... Adjunct Associate Professor of Law Reginald Skinner, B.A., J.D., M.P.A.... Adjunct Assistant Professor of Law Steven W. Smith, B.A., J.D.... Adjunct Assistant Professor of Law The Hon. Beverly W. Snukals, B.A., J.D.... Adjunct Professor of Law James M. Snyder, B.A., J.D.... Adjunct Assistant Professor of Law Alexander L. Taylor, Jr., B.A., J.D.... Adjunct Professor of Law John Thomas, B.A., J.D... Adjunct Associate Professor of Law Paul M. Thompson, B.A., J.D.... Adjunct Professor of Law

10 2011] FACULTY LIST xxxiii William Thro, B.A., M.A., J.D.... Adjunct Assistant Professor of Law Brent M. Timberlake, B.A., J.D.... Adjunct Assistant Professor of Law John T. Tucker, B.S., J.D.... Adjunct Professor of Law Robert J. Wagner, B.A., J.D.... Adjunct Associate Professor of Law Kristin P. Walinski, B.A., J.D.... Adjunct Assistant Professor of Law John R. Walk, B.A., J.D.... Adjunct Professor of Law Margaret A. Walker, B.A., J.D.... Visiting Assistant Professor for Academic Success Michelle Welch, B.A., J.D.... Adjunct Assistant Professor of Law Brian L. Whisler, B.A., J.D.... Adjunct Assistant Professor of Law Thomas M. Wolf, B.A., J.D.... Adjunct Associate Professor of Law LIBRARY FACULTY AND STAFF Paul M. Birch, B.A., M.A., J.D...Computer Services Librarian Suzanne B. Corriell, B.A., J.D., M.L.I.S... Head Reference and Research Services Librarian Heather Hamilton, B.A., M.L.S, J.D... Reference and Research Librarian Amy L. O Connor, B.A., M.LS... Technical Services and Digital Resources Librarian Joyce Manna Janto, B.S., M.L.S., J.D... Deputy Director of Law Library Sally H. Wambold, B.A., M.S.L.S... Technical Services Librarian Gail F. Zwirner, B.A., M.S.L.S... Head, Library Access Services

11 RICHMOND JOURNAL OF LAW AND THE PUBLIC INTEREST VOLUME 14 WINTER 2011 NUMBER 3 ARTICLES COURTS RE-EXAMINE THE APPLICATION OF GOLDFINGER-ERA ELECTRONIC TRACKING CASES TO LAW ENFORCEMENT USE OF GPS TRACKING DEVICES Joshua A. Engel PROTECTING THE IVORY TOWER: SENSIBLE SECURITY OR INVASION OF PRIVACY? Stephen D. Lichtenstein AUTOMOBILE CONSENT SEARCHES: THE DRIVER S OPTIONS IN A LOSE-LOSE SITUATION Arthur J. Park xxxiv

12 2011] xxxv COMMENTS JUDICIAL GATEKEEPING AND THE SEVENTH AMENDMENT: HOW DAUBERT INFRINGES ON THE CONSTITUTIONAL RIGHT TO A CIVIL JURY TRIAL Brandon L. Boxler THE UNAVOIDABLE ECCLESIASTICAL COLLISION IN VIRGINIA Isaac A. McBeth Jennifer R. Sykes

13 LETTER FROM THE EDITOR Dear Readers: The Richmond Journal of Law and the Public Interest is proud to present our third issue of Volume XIV. Viewed through the lens of today s cultural climate, the legal scholarship presented in this quarterly issue examines the profound effects of modern social conditions on individual liberties under Bill of Rights. Courts Re-Examine the Application of Goldfinger-Era Electronic Tracking Cases to Law Enforcement Use of GPS Tracking Devices, written by Joshua A. Engel, examines how rapid advancements in technology continue to affect an individual s reasonable expectations of privacy and, consequently, constitutionally-protected interests. In the absence of Supreme Court precedent, federal and state courts continue to have divergent opinions on whether law enforcement officials must obtain a warrant before placing a GPS device on a private vehicle. Accordingly, Engel presents conflicting judicial treatment of the warrantless use of GPS tracking devices, in light of the Fourth Amendment s prohibition against unreasonable searches, and forecasts how future courts will interpret this area of the law. In his article, Protecting the Ivory Tower: Sensible Security or Invasion of Privacy?, Professor Stephen D. Lichtenstein chronicles recent episodes of campus violence in analyzing how existing statutory and regulatory security measures do not adequately protect students and faculty. However, Lichtenstein further examines the use of electronic surveillance and campus monitoring policies, and thus, he advocates for the implementation of preventative, yet minimally invasive, security precautions in order to ensure a safe educational environment without infringing on individual privacy rights. xxxvi

14 In Automobile Consent Searches: The Driver s Options in a Lose-Lose Situation, Arthur J. Park provides an informative account of the legal context surrounding consent searches of automobile in hopes of addressing some of the pragmatic concerns of the motoring public. From the initial basis for a stop and subsequent citation to canine drug sniffs and the potential for arrest, this article discusses relevant case law protecting the driver s Fourth Amendment right when probing police officers seek to search a vehicle. In Judicial Gatekeeping and the Seventh Amendment: How Daubert Infringes On the Constitutional Right to a Civil Jury Trial, Brandon Boxler argues that the U.S. Supreme Court decision allows a judiciary gatekeeping role that offends the civil litigant s right to trial by jury. Specifically, Boxer contends that while the increased complexity of modern litigation calls for effective judicial management of conflicting expert testimony, Daubert hearings violate the Seventh Amendment by stripping the jury of its factfinding power to determine the validity and credibility of the evidence. Boxler concludes by proposing alternative legal reforms that address the same concerns of Daubert without infringing upon the jury s constitutionally protected fact-finding power. Finally, in their comment, The Unavoidable Ecclesiastical Collision in Virginia, Isaac A. McBeth and Jennifer R. Sykes explore the constitutional implications of church property litigation when courts are forced to handle property disputes arising from internal schisms within the church. In particular, McBeth and Sykes discuss Virginia s recent ecclesiastical crisis which arose after internal disputes concerning ordainment of homosexual ministers, whereupon several local parishes attempted to separate themselves from the Protestant Episcopal Church in the Diocese of Virginia while retaining possession of their congregational property. Against the backdrop of U.S. Supreme Court precedent, McBeth and Sykes argue that Virginia s statutory scheme for resolving church property disputes does not operate in a constitutional manner due to its excessive entanglement with the Free Exercise Clause and the Establishment Clause of the First Amendment. xxxvii

15 We hope that the aforementioned articles and comments offer an intellectually stimulating and informative collection of works, as we look forward to providing you with our forthcoming issues. Sincerely, Sheila Moheb Editor-in-Chief xxxviii

16 ARTICLES COURTS RE-EXAMINE THE APPLICATION OF GOLDFINGER- ERA ELECTRONIC TRACKING CASES TO LAW ENFORCEMENT USE OF GPS TRACKING DEVICES. Joshua A. Engel * ABSTRACT GPS tracking devices have become inexpensive, small, and can easily be attached to a vehicle quickly. Law enforcement is increasingly using these devices to track the exact location of a suspect s vehicle over a long period of time. In most instances, relying on Supreme Court cases from the early 1980 s, law enforcement has not sought a warrant before using these devices. This paper examines how courts have attempted to apply Supreme Court precedents based on primitive tracking devices to modern GPS tracking devices. These precedents established that the use of electronic tracking devices on vehicles did not constitute a search and, accordingly, did not implicate the Fourth Amendment because people do not have a reasonable privacy interest in the movement of their vehicles when traveling on a public roadway. Until recently, federal courts have, on the basis on these decisions, almost universally upheld the use of GPS tracking devices. In contrast, state courts have been more reluctant to follow these Supreme Court precedents. A recent decision by the D.C. Circuit Court should cause future courts to re-examine the application of the prior Supreme Court precedents. In this decision, the federal court recognized that people have a reasonable expectation of privacy in the totality of their movements over the course of a period of time. The paper concludes that the approach taken by the D.C. Circuit is most consistent with the Supreme Court s Fourth Amendment jurisprudence, because sustained and long-term surveillance of a targeted individual unrelated to any particular criminal action violates a reasonable expectation of privacy. * J.D., cum laude, Harvard University Law School, 1995, B.A., magna cum laude, University of Pennsylvania, Vice President and General Counsel, the Lycurgus Group. Full biographical information is available at 401

17 402 RICHMOND JOURNAL OF LAW AND THE PUBLIC INTEREST [Vol. XIV:401 Q: You ll be using this Aston Martin DB with modifications. Now, pay attention, please... Here s a nice little transmitting device, called a homer. You prime it by pressing that back like this. You see? The smaller model is now standard field issue, to be fitted into the heel of your shoe. Its larger brother is magnetic. Right. It ll be concealed in the car you re trailing while you keep out of sight. Reception on the dashboard here. Audiovisual range a hundred and fifty miles. Bond: Ingenious, and useful too. Allow a man to stop off for a quick one en route. Q: It has not been perfected out of years of patient research entirely for that purpose... 1 INTRODUCTION In Goldfinger, Q Branch supplies James Bond with two homing devices. 2 These devices have a range of about 150 miles and allow Bond to follow Auric Goldfinger s car from England to Switzerland. 3 After attaching the magnetic device to Goldfinger s Rolls Royce, Bond could follow its movements in his specially modified Aston Martin DB5 by accessing the display hidden behind the speaker vent. 4 The Goldfinger Bond would certainly be impressed by the advanced tracking technology available to law enforcement today. Modern devices are inexpensive, as small as the palm of a hand, can easily be attached to vehicles, and have a long battery life. 5 Not only can law enforcement officials record where a vehicle has been, but they can also access a vehicle s precise location in real-time through the Internet on maps and satellite images. 6 The devices also can set up virtual fences and notify an 1. GOLDFINGER (Eon Productions 1964). 2. See James Bond Multimedia, Goldfinger Gadgets, (last visited Aug. 22, 2010); Universal Exports, Goldfinger Gadgets, (last visited Aug. 22, 2010). 3. See Goldfinger Gadgets, supra note See id. 5. See, e.g., Kate Bolduan, Is GPS a high-tech crime-fighting tool or Big Brother?, CNN.COM, Aug. 18, 2008, ( The technology is easy to use and the devices are hard to detect. All police have to do is attach a GPS receiver to a suspect's car and they easily go along for the ride online, tracking the individual's exact location in real time from their computer. ). 6. See id.

18 2011] GOLDFINGER-ERA TRACKING 403 officer automatically when a vehicle enters or leaves a specified location. 7 A recent article in a law enforcement magazine noted, GPS technology is at the core of many of the hottest emerging law enforcement technologies. 8 There is no doubt modern GPS tracking devices are useful to law enforcement. These devices permit law enforcement to follow vehicles in real-time and store data on time, position, and speed for later analysis. 9 Such information has helped to solve serious crimes. 10 In 2008, for example, the Los Angeles Times described how the Los Angeles County 7. Cf. Jenna Kincade, GPS Tracking Devices for Children, GPS Tracking Resource, (last visited Mar. 3, 2010) (GPS technology allows parents to set parameters and have a virtual fence. If the child goes outside those preset parameters an alarm is sent to the parent device immediately letting [the parent] know where [the] child is. ). Some examples of commercially available device include: the PT-200, sold by Rocky Mountain Tracking, Inc., provides real-time tracking for a purchase price of $600. Rocky Mountain Tracking, Inc., PT-200, (last visited Aug. 22, 2010). The device is only 3.31" x 1.75" x 1", and the company claims that the device retains its accuracy, even inside containers and buildings that would normally affect whether or not the GPS data were reliable. Rain and heavy weather also have little effect on the accuracy of the GPS data. Id. Additionally, Trackingtheworld, Inc., sells a completely self-contained real-time tracking system, ideal for covert applications, which logs data including location, time, and speed for up to twenty days, and allows police officer to view real-time data on any desktop or laptop PC. Tracking the World, Inc., WT Pro, (last visited Aug. 22, 2010). Finally, Brickhouse Security s Livewire FastTrac Covert GPS device permits alert notifications via text message or , while allowing law enforcement officers to access the device s GPS Location from anywhere in the world and watch its movement in real-time. [Police] can even zoom in on the map for the exact street location and speed, accurate up to 8 inches and 1/4 mph. Brickhouse Security, Livewire FastTrac Covert GPS 120-day kit, (last visited Aug. 22, 2010). 8. Kurt Smith, GPS Technology in Policing: Ride the Wave to Make Better Decisions, 46 POLICE CHIEF 4 (2009), available at The Electronic Communications Privacy Act contains no restrictions on the ability of law enforcement install and monitor a tracking device. See 18 U.S.C (2010). One court observed that [t]he only limit on such devices is the Fourth Amendment. In re Application of the United States for an Order Authorizing Installation and Use of a Pen Register, 402 F. Supp. 2d 597, 604 (D. Md. 2005). Furthermore, law enforcement officials must obtain a court order to obtain real-time and historical location tracking information from personal cell phones. See Adam Koppel, Note, Warranting a Warrant: Fourth Amendment Concerns Raised by Law Enforcement s Warrantless Use of GPS and Cellular Phone Tracking, 64 U. MIAMI L. REV. 1061, & n.160 (2010) (collecting cases). The Federal Government has taken the position that it may be able to request information from cell phone based GPS device through a court order under 18 U.S.C. 2703(d) (2010). See In re Application of the United States for an Order Directing a Provider of Elec. Commc n Serv. to Disclose Records to Gov t, 620 F.3d 304, 311 (3rd Cir. 2010). 10. See infra notes and accompanying text.

19 404 RICHMOND JOURNAL OF LAW AND THE PUBLIC INTEREST [Vol. XIV:401 Sheriff s Office tracked a robbery suspect after planting a GPS unit in his car. 11 Similarly, the Washington Post reported police using GPS tracking technology to crack a string of assaults on women in northern Virginia. 12 This paper will focus on recent significant developments in the law surrounding the warrantless use of tracking devices as technology has advanced from the primitive beeper-type device featured in Goldfinger to the more potent, modern GPS device. Part I will discuss the Supreme Court s treatment of the warrantless use of tracking devices. The Supreme Court has, on two occasions, considered the use of electronic tracking devices. 13 However, the Court has not considered whether law enforcement must obtain a warrant before placing a GPS device on a private vehicle. Part II will discuss focus on federal and state court applications of Supreme Court precedent. While technology has advanced, lower courts seeking guidance from the Supreme Court are forced to rely on decisions interpreting what was cutting edge in the 1960s. Federal courts have, on the basis on the Supreme Court decisions discussed in Part I, almost universally upheld the use of GPS tracking devices. In contrast, state courts have been more reluctant to follow such precedent. Part III will examine a recent decision by the D.C. Circuit Court in which the court appeared to depart from prior Supreme Court and federal decisions. Finally, Part IV will attempt to predict how future courts will examine the warrantless use of GPS tracking devices. I. THE SUPREME COURT S TREATMENT OF GOLDFINGER-TYPE HOMING DEVICES United States v. Knotts and United States v. Karo are the two United States Supreme Court cases to have addressed Fourth Amendment implications of police use of electronic tracking devices. 11. Carol J. Williams, Watch out for the snitch sitting on your dashboard; A GPS unit tells you where to go. It also tells investigators where you've been, L.A. TIMES, Nov. 25, 2008, at B Police Turn to Secret Weapon: GPS Device, WASH. POST, Aug. 13, 2008, available at At the time, one officer was quoted describing the technology as a very new investigative tool. Id. Police in Ohio also reported using GPS tracking technology to find the perpetrators of a string of burglaries, even catching one burglary in the act. GPS tracking of car without warrant contested, Columbus Dispatch, Jan, 21, 2011, available at 13. United States v. Knotts, 460 U.S. 276 (1983); United States v. Karo, 468 U.S. 705 (1984).

20 2011] GOLDFINGER-ERA TRACKING 405 A. Starting Point: The Katz Reasonable Expectation of Privacy Test The Fourth Amendment prohibits unreasonable searches without a warrant. Accordingly, the use of GPS tracking devices implicates the Fourth Amendment only if such use constitutes a search. A search is deemed to have occurred when an expectation of privacy that society is prepared to consider reasonable is infringed. 14 In Katz v. United States, the Supreme Court held that the warrantless wiretapping of conversations in a phone booth violates the Fourth Amendment. 15 In doing so, the Court shifted from a property-based analysis of the Fourth Amendment to a privacy-based analysis. 16 The Court initiated an inquiry that examined not how, but whether, the government has violated an individual s reasonable expectation of privacy. 17 In his concurrence, Justice Harlan explained that the relevant inquiry under the Fourth Amendment has two parts: first, whether the person has an actual (subjective) expectation of privacy, and second, whether the individual s subjective expectation of privacy is one that society is prepared to recognize as reasonable. 18 This approach is illustrated by Smith v. Maryland, a case in which the Court notes the distinction between a legitimate expectation of privacy in the contents of a telephone call and the lack of an expectation of privacy in the actual phone numbers dialed. 19 B. Knotts and Karo In United States v. Knotts, the defendant and his co-conspirators were suspected of manufacturing methamphetamine. 20 Law enforcement officers contacted the chemical company where the conspirators intended to purchase chemical supplies. 21 With the consent of the chemical company, officers installed a tracking device inside a five-gallon drum of chemicals United States v. Jacobsen, 466 U.S. 109, 113 (1984). 15. Katz v. United States, 389 U.S. 347 (1967). 16. See Olmstead v. United States, 277 U.S. 438, 466 (1928) (examining whether an actual physical invasion of property had occurred). But see Bennett L. Gershman, Privacy Revisited: GPS Tracking as Search and Seizure, 30 PACE L. REV. 927, 964 (2010) ( [T]he Katz test may be inadequate with respect to intrusions into privacy interests that involve highly sophisticated surveillance technology. ). 17. Katz, 389 U.S. at Id. at 361 (1967) (Harlan, J., concurring). 19. Smith v. Maryland, 442 U.S. 735, (1979). 20. United States v. Knotts, 460 U.S. 276, 276 (1983). 21. Id. at Id.

JOURNAL OF LAW RICHMOND VOLUME 14 WINTER 2011 NUMBER 3 AND THE PUBLIC INTEREST ARTICLES

JOURNAL OF LAW RICHMOND VOLUME 14 WINTER 2011 NUMBER 3 AND THE PUBLIC INTEREST ARTICLES RICHMOND JOURNAL OF LAW AND THE PUBLIC INTEREST VOLUME 14 WINTER 2011 NUMBER 3 ARTICLES COURTS RE-EXAMINE THE APPLICATION OF GOLDFINGER-ERA ELECTRONIC TRACKING CASES TO LAW ENFORCEMENT USE OF GPS TRACKING

More information

For Now, New York State Investigators Can Ping Cellphones Without A Warrant in New York State

For Now, New York State Investigators Can Ping Cellphones Without A Warrant in New York State For Now, New York State Investigators Can Ping Cellphones Without A Warrant in New York State Can New York State Inspectors General and other law enforcement agencies use real-time GPS tracking on cellphones

More information

United States v. Jones: The Government s Use of a GPS Tracking Device Constitutes a Search within the Meaning of the Fourth Amendment

United States v. Jones: The Government s Use of a GPS Tracking Device Constitutes a Search within the Meaning of the Fourth Amendment United States v. Jones: The Government s Use of a GPS Tracking Device Constitutes a Search within the Meaning of the Fourth Amendment On January 23rd, 2012, the United States Supreme Court handed down

More information

ORDER GRANTING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE

ORDER GRANTING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE STATE OF FLORIDA, Plaintiff, v. RICARDO H. GLASCO, Defendant. Circuit Court, 18th Judicial Circuit in and for Brevard County. Case No. 05-2010-CF-021349-AXXX-XX. February 24, 2011. John M. Harris, Judge.

More information

Original Group Gap Analysis Report

Original Group Gap Analysis Report Original Group Gap Analysis Report Year 11 Levels of Progress Analysis 2014-2015 Spring This document was created using the Transition Matrices Report Generator Copyright Dr Stuart Atkinson - 2014 - All

More information

Decided: May 11, 2015. S15A0308. McLEAN v. THE STATE. Peter McLean was tried by a DeKalb County jury and convicted of the

Decided: May 11, 2015. S15A0308. McLEAN v. THE STATE. Peter McLean was tried by a DeKalb County jury and convicted of the In the Supreme Court of Georgia Decided: May 11, 2015 S15A0308. McLEAN v. THE STATE. BLACKWELL, Justice. Peter McLean was tried by a DeKalb County jury and convicted of the murder of LaTonya Jones, an

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). STATE OF MINNESOTA IN COURT OF APPEALS A11-13 State of Minnesota, Respondent, vs. Sin Santo

More information

MASSACHUSETTS WARRANTLESS CELL PHONE SEARCHES CASE HEADS TO THE SUPREME COURT

MASSACHUSETTS WARRANTLESS CELL PHONE SEARCHES CASE HEADS TO THE SUPREME COURT MASSACHUSETTS WARRANTLESS CELL PHONE SEARCHES CASE HEADS TO THE SUPREME COURT The Fourth Amendment Guarantees a Right to Privacy and Protects Against Unreasonable Searches and Seizures; If Your Fourth

More information

United States Court of Appeals

United States Court of Appeals No. 11 3107 Case: 11-3107 Document: 28 Filed: 05/02/2012 Pages: 5 NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit

More information

Location and Cell Phone Tracking: Technology, Law, and Defense Strategy

Location and Cell Phone Tracking: Technology, Law, and Defense Strategy Location and Cell Phone Tracking: Technology, Law, and Defense Strategy Part 1: Location Tracking Technology Cell Site Data Fine location data: GPS / Triangulation GPS Trackers (Homing devices, e.g. Jones)

More information

In the Indiana Supreme Court

In the Indiana Supreme Court ATTORNEYS FOR APPELLANT Susan K. Carpenter Public Defender of Indiana ATTORNEYS FOR APPELLEE Stephen R. Carter Attorney General of Indiana J. Michael Sauer Gary Damon Secrest Deputy Public Defender Deputy

More information

Vehicle Black Boxes. With every aviation accident involving an aircraft of sufficient

Vehicle Black Boxes. With every aviation accident involving an aircraft of sufficient Mary Ellen Morris Miller & Martin PLLC 1200 One Nashville Place 150 Fourth Avenue, North Nashville, Tennessee 37219-2433 Vehicle Black Boxes With every aviation accident involving an aircraft of sufficient

More information

GPS, THE FOURTH AMENDMENT, AND THE NEW MEXICO CONSTITUTION SHANNON SHERRELL*

GPS, THE FOURTH AMENDMENT, AND THE NEW MEXICO CONSTITUTION SHANNON SHERRELL* GPS, THE FOURTH AMENDMENT, AND THE NEW MEXICO CONSTITUTION SHANNON SHERRELL* I. INTRODUCTION In 1984, George Orwell depicted a government watching its citizens with a telescreen that picked up [a]ny sound...above

More information

Defendant brought a Motion to Suppress the DNA Testing Results or in the alternative,

Defendant brought a Motion to Suppress the DNA Testing Results or in the alternative, STATE OF MINNESOTA COUNTY OF HENNEPIN COUNTY ` DISTRICT COURT FOURTH JUDICIAL DISTRICT STATE OF MINNESOTA, Plaintiff, vs. JIMMIE DALE JACKSON, File No: 04085182 ORDER AND MEMORANDUM OF LAW Defendant. Defendant

More information

Order. December 11, 2015

Order. December 11, 2015 Order Michigan Supreme Court Lansing, Michigan December 11, 2015 150661 PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v SC: 150661 COA: 318654 Saginaw CC: 12-037836-FH STEPHANIE WHITE, Defendant-Appellant.

More information

THE FOURTH AMENDMENT AND UNWARRANTED GPS SURVEILLANCE: AN ANALYSIS OF THE D.C. CIRCUIT COURT OF APPEALS DECISION IN UNITED STATES V.

THE FOURTH AMENDMENT AND UNWARRANTED GPS SURVEILLANCE: AN ANALYSIS OF THE D.C. CIRCUIT COURT OF APPEALS DECISION IN UNITED STATES V. THE FOURTH AMENDMENT AND UNWARRANTED GPS SURVEILLANCE: AN ANALYSIS OF THE D.C. CIRCUIT COURT OF APPEALS DECISION IN UNITED STATES V. MAYNARD INTRODUCTION In one of the earliest Supreme Court cases to deal

More information

HOUSE BILL REPORT ESHB 1440

HOUSE BILL REPORT ESHB 1440 HOUSE BILL REPORT As Passed Legislature Title: An act relating to prohibiting the use of a cell site simulator device without a warrant. Brief Description: Prohibiting the use of a cell site simulator

More information

The Honorable Boyce F. Martin, JR., Circuit Judge United States Court of Appeals, Sixth Circuit Law Clerk (Sept. 1983-Sept. 1984)

The Honorable Boyce F. Martin, JR., Circuit Judge United States Court of Appeals, Sixth Circuit Law Clerk (Sept. 1983-Sept. 1984) Tracey Maclin EDUCATION Tufts University, Medford, MA Bachelor of Arts in Political Science, May 1980 Graduated magna cum laude Activities: Big Brother Association of Boston Intercollegiate Football Columbia

More information

COURT OF APPEALS OF VIRGINIA

COURT OF APPEALS OF VIRGINIA COURT OF APPEALS OF VIRGINIA Present: Judges Elder, Frank and Millette Argued at Alexandria, Virginia CHRISTOPHER J. MARTIN MEMORANDUM OPINION BY v. Record No. 0035-07-4 JUDGE LeROY F. MILLETTE, JR. APRIL

More information

THE NOT A SEARCH GAME

THE NOT A SEARCH GAME THE NOT A SEARCH GAME JOHN F. STINNEFORD * The privacy versus security discussion is not just about the Fourth Amendment it involves policy considerations as well. The Fourth Amendment concerns frame the

More information

Case No. 2015-1427. On Appeal from the. Eighth Appellate District, Court of Appeals. Case No. 101258

Case No. 2015-1427. On Appeal from the. Eighth Appellate District, Court of Appeals. Case No. 101258 STATE OF OHIO, IN THE SUPREME COURT OF OHIO Case No. 2015-1427 ORIGINAL Plaintiff-Appellant, V. DEMETRIUS JONES, Defendant-Appellee. On Appeal from the Eighth Appellate District, Cuyahoga County, Ohio

More information

FROM BEEPERS TO GPS: CAN THE FOURTH AMENDMENT KEEP UP WITH ELECTRONIC TRACKING TECHNOLOGY?

FROM BEEPERS TO GPS: CAN THE FOURTH AMENDMENT KEEP UP WITH ELECTRONIC TRACKING TECHNOLOGY? FROM BEEPERS TO GPS: CAN THE FOURTH AMENDMENT KEEP UP WITH ELECTRONIC TRACKING TECHNOLOGY? Ramya Shah * I. INTRODUCTION In the 2004 trial of Scott Peterson for the murder of his wife Laci Peterson, a Global

More information

The United States of America (the Government ) seeks an order. pursuant to the Stored Communications Act ( SCA ) requiring various

The United States of America (the Government ) seeks an order. pursuant to the Stored Communications Act ( SCA ) requiring various UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - -: IN THE MATTER OF THE APPLICATION : M-50 OF THE UNITED STATES OF AMERICA : FOR AN ORDER PURSUANT TO 18 U.S.C.

More information

THE WARRANTLESS USE OF GPS TRACKING DEVICES: FOURTH AMENDMENT PROTECTION RESTORED THROUGH APPLICATION OF AN ANALYTICAL FRAMEWORK

THE WARRANTLESS USE OF GPS TRACKING DEVICES: FOURTH AMENDMENT PROTECTION RESTORED THROUGH APPLICATION OF AN ANALYTICAL FRAMEWORK THE WARRANTLESS USE OF GPS TRACKING DEVICES: FOURTH AMENDMENT PROTECTION RESTORED THROUGH APPLICATION OF AN ANALYTICAL FRAMEWORK David Myers * INTRODUCTION Law enforcement s use of Global Positioning System

More information

Cynthia E. Jones. David A. Clark School of Law, University of the District of Columbia Summer 1996 Adjunct Instructor (Appellate Advocacy)

Cynthia E. Jones. David A. Clark School of Law, University of the District of Columbia Summer 1996 Adjunct Instructor (Appellate Advocacy) Cynthia E. Jones Teaching Experience Assistant Professor of Law Fall 2004-present Visiting Professor 2002-2004 Courses: Evidence, Criminal Law, Criminal Procedure and Race, Crime and Politics seminar George

More information

It s official: Good-faith exception part of state law By PAUL THARP, Staff Writer

It s official: Good-faith exception part of state law By PAUL THARP, Staff Writer It s official: Good-faith exception part of state law By PAUL THARP, Staff Writer paul.tharp@nc.lawyersweekly.com As Rep. Paul Stam sees it an injustice to the people of North Carolina has been righted

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: AUGUST 7, 2009; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2008-CA-001465-MR LAMONT ROBERTS APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE MARTIN

More information

Washington, DC 20510 Washington, DC 20510

Washington, DC 20510 Washington, DC 20510 July 17, 2013 The Honorable Patrick Leahy The Honorable Charles Grassley Chairman Ranking Member Senate Judiciary Committee Committee on the Judiciary United States Senate United States Senate Washington,

More information

PAUL F. MILLUS, ESQ.

PAUL F. MILLUS, ESQ. PAUL F. MILLUS, ESQ. Paul Millus is Of Counsel to Meyer, Suozzi, English & Klein, P.C. and practices in the Litigation and Employment Law Departments located in both Meyer Suozzi s Garden City, Long Island

More information

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO Filed 2/2/16 P. v. Moore CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication

More information

Debra Liss Thomas has been an attorney in Chicago for more than 10 years. She is a dedicated member of the Illinois State Bar Association and has

Debra Liss Thomas has been an attorney in Chicago for more than 10 years. She is a dedicated member of the Illinois State Bar Association and has Juliet E. Boyd was born in Vereeninging, South Africa. Juliet attended the University of the Witwatersrand, in Johannesburg, and graduated with a Bachelor of Arts degree with a double major in English

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). STATE OF MINNESOTA IN COURT OF APPEALS A13-2263 State of Minnesota, Respondent, vs. Greer

More information

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND. Plaintiff

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND. Plaintiff UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MICHAEL TANKERSLEY, 1060 N. Montana Street, Arlington, VA 22205, v. Plaintiff JAMES W. ALMAND, in his official capacity as Trustee of the Client

More information

Distinguished Professor of Judicial Studies, Washington and Lee University School of Law, 2007 present)

Distinguished Professor of Judicial Studies, Washington and Lee University School of Law, 2007 present) DONALD W. LEMONS CHIEF JUSTICE Supreme Court of Virginia 100 North Ninth Street Richmond, Virginia 23219 EMPLOYMENT: Currently: Chief Justice, Supreme Court of Virginia Formerly: Justice, Supreme Court

More information

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CP-00221-COA STATE OF MISSISSIPPI APPELLEE

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CP-00221-COA STATE OF MISSISSIPPI APPELLEE IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CP-00221-COA FREDDIE LEE MARTIN A/K/A FREDDIE L. MARTIN APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 01/08/2013 TRIAL JUDGE:

More information

The Need for Sneed: A Loophole in the Armed Career Criminal Act

The Need for Sneed: A Loophole in the Armed Career Criminal Act Boston College Law Review Volume 52 Issue 6 Volume 52 E. Supp.: Annual Survey of Federal En Banc and Other Significant Cases Article 15 4-1-2011 The Need for Sneed: A Loophole in the Armed Career Criminal

More information

GPS Tracking of Employees: Balancing Employees Right to Privacy with Employers Right to Know

GPS Tracking of Employees: Balancing Employees Right to Privacy with Employers Right to Know GPS Tracking of Employees: Balancing Employees Right to Privacy with Employers Right to Know The Law, Potential Issues, and Best Practices. By Brian J. Moore and Ashley C. Pack Presenters Bi Brian J. Moore

More information

IN THE COURT OF APPEALS FOR MIAMI COUNTY, OHIO. v. : T.C. NO. 2007 TRC 2065

IN THE COURT OF APPEALS FOR MIAMI COUNTY, OHIO. v. : T.C. NO. 2007 TRC 2065 [Cite as State v. Swartz, 2009-Ohio-902.] IN THE COURT OF APPEALS FOR MIAMI COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellant : C.A. CASE NO. 2008 CA 31 v. : T.C. NO. 2007 TRC 2065 ROBERT W. SWARTZ : (Criminal

More information

SUPREME COURT OF THE STATE OF ARIZONA

SUPREME COURT OF THE STATE OF ARIZONA IN THE SUPREME COURT OF THE STATE OF ARIZONA STATE OF ARIZONA EX REL. WILLIAM G. MONTGOMERY, MARICOPA COUNTY ATTORNEY, Petitioner, v. THE HONORABLE HARRIETT CHAVEZ, JUDGE OF THE SUPERIOR COURT OF THE STATE

More information

Big Brother Riding Shotgun: Future Fourth Amendment Challenges To The FMCSA s Looming EOBR Requirement

Big Brother Riding Shotgun: Future Fourth Amendment Challenges To The FMCSA s Looming EOBR Requirement Big Brother Riding Shotgun: Future Fourth Amendment Challenges To The FMCSA s Looming EOBR Requirement By: Zachary G. Shook & Michael D. Huber It is no secret that the Federal Motor Carrier Safety Administration

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). STATE OF MINNESOTA IN COURT OF APPEALS A13-1698 Brian Jeffrey Serber, petitioner, Respondent,

More information

Event Data Recorders and Their Role in. Automobile Accident Litigation

Event Data Recorders and Their Role in. Automobile Accident Litigation Event Data Recorders and Their Role in Automobile Accident Litigation by Jason A. Koch jkoch@jlolaw.com 8519 Eagle Point Boulevard, Suite 100 Lake Elmo, Minnesota 55042-8624 (651) 290-6500 I. Event Data

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MARCH 14, 2008; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-001304-MR DONALD T. CHRISTY APPELLANT v. APPEAL FROM MASON CIRCUIT COURT HONORABLE STOCKTON

More information

STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL. February 24, 2014. Opinion No. 14-21 QUESTIONS

STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL. February 24, 2014. Opinion No. 14-21 QUESTIONS STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL Searches and Arrests on School Property February 24, 2014 Opinion No. 14-21 QUESTIONS 1. Do public school students have any expectation of privacy in their

More information

State of Wisconsin: Circuit Court: Waukesha County: v. Case No. 2008CF001397. Defendant's Motion to Suppress Results of Blood Test

State of Wisconsin: Circuit Court: Waukesha County: v. Case No. 2008CF001397. Defendant's Motion to Suppress Results of Blood Test State of Wisconsin: Circuit Court: Waukesha County: State of Wisconsin, Plaintiff, v. Case No. 2008CF001397 Michael Murray, Defendant. Defendant's Motion to Suppress Results of Blood Test Please take notice

More information

No. 1-10-2072 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

No. 1-10-2072 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). SIXTH DIVISION JUNE 30, 2011 IN

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOHN FAULKNER, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. ADT SECURITY SERVICES, INC.; ADT SECURITY

More information

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094 NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). STATE OF MINNESOTA IN COURT OF APPEALS A14-1625 State of Minnesota, Respondent, vs. Ronald

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 24, 2011

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 24, 2011 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 24, 2011 STATE OF TENNESSEE v. SHAWN DALE OWNBY Direct Appeal from the Circuit Court for Sevier County No. 14548-III Rex

More information

GPS Monitoring Device Leads the Supreme Court to a Crossroads in Privacy Law

GPS Monitoring Device Leads the Supreme Court to a Crossroads in Privacy Law GPS Monitoring Device Leads the Supreme Court to a Crossroads in Privacy Law SHAUN B. SPENCER * INTRODUCTION T he case of United States v. Jones 1 led the United States Supreme Court to a crossroads in

More information

FACT SHEET Contact: Office of Legislative and Public Affairs (703) 305-0289 Fax: (703) 605-0365

FACT SHEET Contact: Office of Legislative and Public Affairs (703) 305-0289 Fax: (703) 605-0365 U.S. Department of Justice Executive Office for Immigration Review Office of the Director 5107 Leesburg Pike, Suite 2600 Falls Church, Virginia 22041 FACT SHEET Contact: Internet: (703) 305-0289 Fax: (703)

More information

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 13-CT-226. Appeal from the Superior Court of the District of Columbia (CTF-18039-12)

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 13-CT-226. Appeal from the Superior Court of the District of Columbia (CTF-18039-12) Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections

More information

620 F.3d 304 (3d Cir. 2010).

620 F.3d 304 (3d Cir. 2010). CRIMINAL LAW STORED COMMUNICATIONS ACT THIRD CIRCUIT ALLOWS GOVERNMENT TO ACQUIRE CELL PHONE TRACKING DATA WITHOUT PROBABLE CAUSE. In re The Application of the United States for an Order Directing a Provider

More information

Published on e-li (https://ctas-eli.ctas.tennessee.edu) Access to the Courts May 28, 2016. Dear Reader:

Published on e-li (https://ctas-eli.ctas.tennessee.edu) Access to the Courts May 28, 2016. Dear Reader: Published on e-li (https://ctas-eli.ctas.tennessee.edu) May 28, 2016 Dear Reader: The following document was created from the CTAS electronic library known as e-li. This online library is maintained daily

More information

STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL. February 3, 2014. Opinion No. 14-15 QUESTIONS

STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL. February 3, 2014. Opinion No. 14-15 QUESTIONS STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL Juveniles on Sex Offender Registry February 3, 2014 Opinion No. 14-15 QUESTIONS 1. Would a juvenile who committed a violent juvenile sexual offense before

More information

HOUSE ENROLLED ACT No. 1009

HOUSE ENROLLED ACT No. 1009 Second Regular Session 118th General Assembly (2014) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision

More information

Chapter 2 HOW TO READ A LEGAL CITATION

Chapter 2 HOW TO READ A LEGAL CITATION Chapter 2 HOW TO READ A LEGAL CITATION A citation (or cite) in legal research is a reference to a specific legal source, such as a constitution, statute, reported case, treatise 1 or law review article.

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No. 13-107(DSD/FLN) This matter is before the court upon the objection by

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No. 13-107(DSD/FLN) This matter is before the court upon the objection by United States of America, UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No. 13-107(DSD/FLN) Plaintiff, v. ORDER Michael Duane Hoffman, This matter is before the court upon the objection by

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DANNY TEAGUE, Defendant-Appellant. No. 10-10276 D.C. No. 1:05-cr-00495- LJO-1 OPINION

More information

# # # # # Issue and Decision of the United States Supreme Court

# # # # # Issue and Decision of the United States Supreme Court Article for Minnesota Chiefs of Police Magazine: New Legal Requirements for GPS Tracking Devices By Peter Ivy and Peter Orput, MCPA Co-Counsel February, 2012 # # # # # Issue and Decision of the United

More information

The Best Lawyers in America 2008

The Best Lawyers in America 2008 The Best Lawyers in America 2008 Alston & Bird Atlanta Pinney L. Allen (10) Randall L. Allen Douglas S. Arnold Peter Q. Bassett R. Neal Batson (20) Alternative Dispute Resolution Jay D. Bennett Alternative

More information

Case: 08-3034 Document: 1266839 Filed: 09/20/2010 Page: 1 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. No.

Case: 08-3034 Document: 1266839 Filed: 09/20/2010 Page: 1 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. No. Case: 08-3034 Document: 1266839 Filed: 09/20/2010 Page: 1 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 08-3034 UNITED STATES OF AMERICA, Appellee, v. ANTOINE JONES, Appellant.

More information

THE CIVIL LITIGATOR New Shield Law Prohibits Most Subpoenas to Reporters. by Daniel E.D. Friesen and Andrew M. Low

THE CIVIL LITIGATOR New Shield Law Prohibits Most Subpoenas to Reporters. by Daniel E.D. Friesen and Andrew M. Low Originally published in The Colorado Lawyer, Vol. 20, No. 5, May 1991. THE CIVIL LITIGATOR New Shield Law Prohibits Most Subpoenas to Reporters by Daniel E.D. Friesen and Andrew M. Low A new Colorado law

More information

CORINNA BARRETT LAIN CURRICULUM VITA

CORINNA BARRETT LAIN CURRICULUM VITA CORINNA BARRETT LAIN CURRICULUM VITA University of Richmond School of Law 804-289-8738 (phone) 28 Westhampton Way 804-289-8992 (fax) Richmond, Virginia 23173 clain@richmond.edu EXPERIENCE University of

More information

has not, and the text of the Fourth Amendment remains the same. 3 The Fourth Amendment

has not, and the text of the Fourth Amendment remains the same. 3 The Fourth Amendment OH, THE PLACE S YOU LL GO WITH YOUR CELL PHONE AND THE PRIVACY YOU LL FORGO I. INTRODUCTION Sixteen years ago, the CEO of a major computer company starkly said, You ll have zero privacy anyway. Get over

More information

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 10-4683

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 10-4683 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4683 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARCO THOMAS MOORE, Defendant - Appellant. Appeal from the United States

More information

Robert A. Bauerschmidt graduated cum laude from The University of Illinois College of Law in May, 1990 and received his Bachelor of Arts Degree from

Robert A. Bauerschmidt graduated cum laude from The University of Illinois College of Law in May, 1990 and received his Bachelor of Arts Degree from Robert A. Bauerschmidt graduated cum laude from The University of Illinois College of Law in May, 1990 and received his Bachelor of Arts Degree from The University of Michigan in May, 1987. In 1990, he

More information

ETHICS HYPOTHETICALS RELATED TO FEDERAL SENTENCING. Defendant Peter Meyers. Defense Counsel Paul Jones. AUSA Mary Brown

ETHICS HYPOTHETICALS RELATED TO FEDERAL SENTENCING. Defendant Peter Meyers. Defense Counsel Paul Jones. AUSA Mary Brown ETHICS HYPOTHETICALS RELATED TO FEDERAL SENTENCING Defendant Peter Meyers Defense Counsel Paul Jones AUSA Mary Brown I. Defendant Peter Meyers pleaded guilty to one count of possessing 15 kilograms of

More information

NOT RECOMMENDED FOR PUBLICATION File Name: 15a0675n.06. No. 14-6537 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) )

NOT RECOMMENDED FOR PUBLICATION File Name: 15a0675n.06. No. 14-6537 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) ) NOT RECOMMENDED FOR PUBLICATION File Name: 15a0675n.06 No. 14-6537 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. TERELL BUFORD, Defendant-Appellant.

More information

CURRICULUM VITAE. JAMES JOSEPH TOMKOVICZ Edward F. Howrey Professor of Law University of Iowa College of Law

CURRICULUM VITAE. JAMES JOSEPH TOMKOVICZ Edward F. Howrey Professor of Law University of Iowa College of Law CURRICULUM VITAE JAMES JOSEPH TOMKOVICZ Edward F. Howrey Professor of Law University of Iowa College of Law EDUCATIONAL BACKGROUND 1973-76 UCLA School of Law, received Juris Doctor in June, 1976; Class

More information

Case 2:14-cv-00421-MJP Document 40 Filed 01/06/15 Page 1 of 6

Case 2:14-cv-00421-MJP Document 40 Filed 01/06/15 Page 1 of 6 Case :-cv-00-mjp Document 0 Filed 0/0/ Page of UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 0 KENNETH WRIGHT, CASE NO. C- MJP v. Plaintiff, ORDER GRANTING DEFENDANT S MOTION TO

More information

- against - ORDER OF THE COURT E.C., INDICTMENT NUMBER: QN10525-2002 APPEARANCE OF COUNSEL

- against - ORDER OF THE COURT E.C., INDICTMENT NUMBER: QN10525-2002 APPEARANCE OF COUNSEL SUPREME COURT OF THE STATE OF NEW YORK QUEENS COUNTY CRIMINAL TERM PART L-4 --------------------------------------------------------------x THE PEOPLE OF THE STATE OF NEW YORK - against - ORDER OF THE

More information

DISTINGUISHED BRIEF PEOPLE OF THE STATE OF MICHIGAN,

DISTINGUISHED BRIEF PEOPLE OF THE STATE OF MICHIGAN, DISTINGUISHED BRIEF The Distinguished Brief Award is given in recognition of the most scholarly briefs filed before the Michigan Supreme Court, as determined by a panel of eminent jurists. Three briefs

More information

No. 42,124-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *

No. 42,124-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * * Judgment rendered June 20, 2007. Application for rehearing may be filed within the delay allowed by Art. 922, La. C.Cr.P. No. 42,124-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * STATE

More information

2015 IL App (3d) 121065-U. Order filed February 26, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015

2015 IL App (3d) 121065-U. Order filed February 26, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 121065-U Order filed

More information

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

In The Court of Appeals Sixth Appellate District of Texas at Texarkana In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-15-00030-CR CHARLES FRANCIS WILLIAMS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 354th District Court Hunt

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION BRIAN Z. FRANCE, v. MEGAN P. FRANCE, Plaintiff, Defendant. Case No. 3:11-CV-00186 PLAINTIFF S MEMORANDUM OF LAW IN SUPPORT

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN RE APPLICATION OF THE : UNITED STATES OF AMERICA FOR AN ORDER PURSUANT TO : Misc. No. 01-189 (Magistrate Judge Bredar) 18 U.S.C. 2703(d)

More information

An appeal from the Circuit Court for Lafayette County. Harlow H. Land, Jr., Judge.

An appeal from the Circuit Court for Lafayette County. Harlow H. Land, Jr., Judge. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA QUENTIN SULLIVAN, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D06-4634

More information

IN THE SUPREME COURT, STATE OF WYOMING 2015 WY 108

IN THE SUPREME COURT, STATE OF WYOMING 2015 WY 108 IN THE SUPREME COURT, STATE OF WYOMING 2015 WY 108 APRIL TERM, A.D. 2015 August 17, 2015 CHESTER LOYDE BIRD, Appellant (Defendant), v. S-15-0059 THE STATE OF WYOMING, Appellee (Plaintiff). Representing

More information

IN THE TENTH COURT OF APPEALS. No. 10-13-00109-CR. From the 85th District Court Brazos County, Texas Trial Court No. 11-05822-CRF-85 O P I N I O N

IN THE TENTH COURT OF APPEALS. No. 10-13-00109-CR. From the 85th District Court Brazos County, Texas Trial Court No. 11-05822-CRF-85 O P I N I O N IN THE TENTH COURT OF APPEALS No. 10-13-00109-CR MICHAEL ANTHONY MCGRUDER, v. THE STATE OF TEXAS, Appellant Appellee From the 85th District Court Brazos County, Texas Trial Court No. 11-05822-CRF-85 O

More information

Digital Evidence meets the Charter: Peer-to-Peer (P2P) File-Sharing Networks

Digital Evidence meets the Charter: Peer-to-Peer (P2P) File-Sharing Networks Volume 22, No. 1 September 2012 Criminal Justice Section Digital Evidence meets the Charter: Peer-to-Peer (P2P) File-Sharing Networks A case comment on R. v. Spencer and R. v. Trapp Brock Jones 1 A. Peer-to-Peer

More information

xtra redit A Classroom Study of a Supreme Court of Ohio Case

xtra redit A Classroom Study of a Supreme Court of Ohio Case xtra redit A Classroom Study of a Supreme Court of Ohio Case CELL PHONES: SEARCH AND SEIZURE Analyzing a Case Introduction The Supreme Court of Ohio in December 2009 ruled that the U.S. Constitution s

More information

STATE OF MAINE SCOTT E. FLINT. difficult to draw but highly significant an arrest must meet the more demanding

STATE OF MAINE SCOTT E. FLINT. difficult to draw but highly significant an arrest must meet the more demanding MAINE SUPREME JUDICIAL COURT Decision: 2011 ME 20 Docket: Cum-10-324 Submitted On Briefs: October 21, 2010 Decided: February 10, 2011 Reporter of Decisions Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, MEAD,

More information

GERALD F. LEONARD Boston University School of Law 765 Commonwealth Ave. Boston, MA 02215 617-353-3138 gleonard@bu.edu

GERALD F. LEONARD Boston University School of Law 765 Commonwealth Ave. Boston, MA 02215 617-353-3138 gleonard@bu.edu GERALD F. LEONARD 765 Commonwealth Ave. Boston, MA 02215 617-353-3138 gleonard@bu.edu EDUCATION J.D., Magna Cum Laude, University of Michigan Law School, 1995 Ph.D., History, University of Michigan, 1992

More information

Supreme Court Decision Affirming Judicial Right to Review EEOC Actions

Supreme Court Decision Affirming Judicial Right to Review EEOC Actions Supreme Court Decision Affirming Judicial Right to Review EEOC Actions The Supreme Court Holds That EEOC s Conciliation Efforts Are Subject to Judicial Review, Albeit Narrow SUMMARY A unanimous Supreme

More information

A Victim s Guide to Understanding the Criminal Justice System

A Victim s Guide to Understanding the Criminal Justice System A Victim s Guide to Understanding the Criminal Justice System The Bartholomew County Prosecutor s Office Victim Assistance Program Prosecutor: William Nash 234 Washington Street Columbus, IN 47201 Telephone:

More information

Case 1:10-cr-00509-REB Document 111 Filed 05/06/11 USDC Colorado Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 1:10-cr-00509-REB Document 111 Filed 05/06/11 USDC Colorado Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case 1:10-cr-00509-REB Document 111 Filed 05/06/11 USDC Colorado Page 1 of 11 Criminal Case No. 10-cr-00509-01-REB UNITED STATES OF AMERICA, v. Plaintiff, 2. RAMONA CAMELIA FRICOSU, aka Ramona Smith, Defendant.

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). STATE OF MINNESOTA IN COURT OF APPEALS A11-1959 State of Minnesota, Appellant, vs. Andre

More information

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 04-4684

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 04-4684 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-4684 UNITED STATES OF AMERICA, versus Plaintiff - Appellee, BERNARD JERIDORE, a/k/a Benny B, a/k/a Bernie, Defendant - Appellant.

More information

Colorado Lawyer. December, 2011. Article. Criminal Law [FNa1] *55 GPS SURVEILLANCE, THE RIGHT TO PRIVACY, AND THE FOURTH AMENDMENT

Colorado Lawyer. December, 2011. Article. Criminal Law [FNa1] *55 GPS SURVEILLANCE, THE RIGHT TO PRIVACY, AND THE FOURTH AMENDMENT 40-DEC COLAW 55 40-DEC Colo. Law. 55 Colorado Lawyer December, 2011 Article Criminal Law [FNa1] *55 GPS SURVEILLANCE, THE RIGHT TO PRIVACY, AND THE FOURTH AMENDMENT Scott W. Turner [FNa2] Copyright 2011

More information

STATE OF MINNESOTA IN COURT OF APPEALS A14-1296. Shawn Michael O'Connell, petitioner, Appellant, vs. State of Minnesota, Respondent.

STATE OF MINNESOTA IN COURT OF APPEALS A14-1296. Shawn Michael O'Connell, petitioner, Appellant, vs. State of Minnesota, Respondent. STATE OF MINNESOTA IN COURT OF APPEALS A14-1296 Shawn Michael O'Connell, petitioner, Appellant, vs. State of Minnesota, Respondent. Filed January 12, 2015 Affirmed Bjorkman, Judge Hennepin County District

More information

SENATE... No. 2299. The Commonwealth of Massachusetts. In the Year Two Thousand Fourteen

SENATE... No. 2299. The Commonwealth of Massachusetts. In the Year Two Thousand Fourteen SENATE.............. No. 2299 The Commonwealth of Massachusetts In the Year Two Thousand Fourteen SENATE, Wednesday, July 23, 2014 The committee on Ways and Means, to whom was referred the Senate Bill

More information

Before the Federal Communications Commission Washington, D.C. 20554

Before the Federal Communications Commission Washington, D.C. 20554 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Inquiry Concerning High Speed Access to ) GN Docket No. 00-185 the Internet Over Cable and Other Facilities ) Proprietary

More information

SUPREME COURT OF ARIZONA En Banc

SUPREME COURT OF ARIZONA En Banc SUPREME COURT OF ARIZONA En Banc DENNIS WAYNE CANION, ) Arizona Supreme Court ) No. CV-04-0243-PR Petitioner, ) ) Court of Appeals v. ) Division One ) No. 1 CA-SA 04-0036 THE HONORABLE DAVID R. COLE, )

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA CASE 0:15-cv-04341-RHK-SER Document 1 Filed 12/10/15 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA ) UNITED STATES SECURITIES AND ) EXCHANGE COMMISSION, ) ) Applicant,

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-01004-CR. NICOLAS STEPHEN LLOYD, Appellant V. THE STATE OF TEXAS, Appellee

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-01004-CR. NICOLAS STEPHEN LLOYD, Appellant V. THE STATE OF TEXAS, Appellee REVERSE and REMAND; and Opinion Filed December 22, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01004-CR NICOLAS STEPHEN LLOYD, Appellant V. THE STATE OF TEXAS, Appellee

More information

Career Highlights. Successful defense of a mid-size financial institution in an SEC investigation;

Career Highlights. Successful defense of a mid-size financial institution in an SEC investigation; Thomas O. Gorman Porter Wright Morris and Arthur tgorman@porterwright.com Tel: 202-778-3004 Fax: 202-778-3063 1919 Pennsylvania Avenue, N.W., Suite 500 Washington, D.C. 20006-3434 Career Highlights Mr.

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 01-10301 v. D.C. No. CR-00-1506-TUC- MANUEL HERNANDEZ-CASTELLANOS, aka Manuel Francisco

More information