Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review Early Fourth Amendment jurisprudence originally focused on whether a common-law trespass had occurred.[1] Now, the Supreme Court no longer requires an individual to prove that a property trespass occurred before asserting that their Fourth Amendment rights were violated.[2] However, the ancient connection between a person... Continue Reading →
Ohio Clarifies: Law Enforcement Cannot Conduct Unjustified Search of Vehicle Subsequent to a Recent Occupant’s Arrest
Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review Under the Fourth Amendment, absent an impartial and neutral judge or magistrate, warrantless searches are unconstitutional, subject to only a few exceptions.[1] Leak examined two such exceptions—a search incident to a lawful arrest and inventory searches done pursuant to law enforcement’s community-caretaking function.[2] The Ohio... Continue Reading →
Cyberbullying: When a Students’ Right to Free Speech Goes Too Far
Author: Jordie Bacon, Associate Member, University of Cincinnati Law Review In October 2003, Ryan Halligan, a thirteen year-old from Vermont, hung himself after his personal and embarrassing secrets were disclosed by his “friend” on AOL Instant Messenger.[1] In October 2006, Megan Meier, a thirteen year-old from Missouri, hung herself because her neighbor, disguised as a... Continue Reading →
Per Se Ban On Eyewitness Expert Testimony in Louisiana: Why the Court Should Grant Certiorari
Author: Gabriel Fletcher, Associate Member, University of Cincinnati Law Review On November 2, 2015, the United States Supreme Court denied certiorari to Darrill Henry in a Louisiana case concerning eyewitness expert testimony.[1] Louisiana has a per se ban on eyewitness expert testimony.[2] Eyewitness testimony is a key component of our criminal justice system; however, a per... Continue Reading →
Brady Evidence Suppression Claims: Should Courts Require Criminal Defendants to Exercise Due Diligence during Discovery?
Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review When a criminal defendant enters a court room, the court controls the future of that defendant’s liberty. With so much at stake, criminal trial procedures should not require criminal defendants to exert additional effort in procuring beneficial evidence when the prosecutor has already discovered such... Continue Reading →
Conspiracy and the Scope of the Hobbs Act
Author: Chris Gant, Contributing Member, University of Cincinnati Law Review “You see that right there? Special Investigations Unit. Special. Get it? Ten grand. First of each month. Deliver it right here.”[1] This excerpt from the film American Gangster is an example of how a corrupt law enforcement officer might extort a criminal like Frank Lucas into... Continue Reading →
Criminalization of HIV in Ohio
Author: Jordie Bacon, Associate Member, University of Cincinnati Law Review According to the Centers for Disease Control and Prevention (CDC), 1.1 million Americans are living with Human Immunodeficiency Virus (HIV).[1] In Ohio alone, there are 19,352 people who have been diagnosed with HIV.[2] In response to the Acquired Immunodeficiency Syndrome (AIDS) Crisis of the 1980s,... Continue Reading →
Unwarranted Amendments: Criminal Procedure Rule 41 Alteration Goes Too Far
Author: Jon Kelly, Associate Member, University of Cincinnati Law Review The state of modern technology has created many challenges for the existing legal framework.[1] The Committee on Rules of Practice and Procedure of the Judicial Conference of the United States (Advisory Committee) is currently deliberating two proposed changes to the search and seizure requirements of... Continue Reading →
Three Strikes and (Maybe) You’re Out: Coleman v. Tollefson
Author: Chris Gant, Associate Member, University of Cincinnati Law Review The adage borrowed from baseball, “three strikes and you’re out,” is used in law in different contexts. Many states have enacted “three-strikes” laws to punish repeat offenders: under these laws, a criminal receives a much longer sentence on his third conviction.[1] Another example is found... Continue Reading →
Warrantless Searches for Probationers: The Reasonableness of SCOTUS’s Balancing Test
Author: Collin L. Ryan, Associate Member, University of Cincinnati Law Review When convicted felons are released on probation, may officers conduct a warrantless search of their homes without violating any constitutional rights protected under the Fourth Amendment? The Supreme Court, by conducting a balancing test, holds that officers may do so when they have a... Continue Reading →