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 →
Governmental Invasion of Privacy: Warrantless Cellphone Tracking
Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review Cell phone use is now an essential part of daily life. Individuals use cell phones for entertainment, business, and as their main source of communication. The Stored Communications Act (“SCA”) allows a court to issue an order compelling third-parties to disclose stored electronic records to... 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 →
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 →
Can Police Dogs Search Your Car Without an Officer’s Reasonable Suspicion?
Author: Chris Gant, Associate Member, University of Cincinnati Law Review Imagine being pulled over for a small traffic violation. Despite lacking a reason for suspicion, the police officer decides that you look like someone who might have something illegal in the car. Then, you wait for the K9 unit to get to your car (ten... Continue Reading →
No “Good-Faith” Required: The Broad Interpretation of the Davis Good-Faith Exception to the Exclusionary Rule
Author: Cameron Downer, Associate Member, University of Cincinnati Law Review On June 16, 2011, the United States Supreme Court in Davis v. United States expanded the application of the good-faith exception to the Fourth Amendment exclusionary rule.[1] The Court held that the exclusionary rule does not apply to Fourth Amendment violations when officers act in... Continue Reading →