Browsed by
Category: Criminal Law

DOJ’s New “Stingray” Policy Offers Protections, Limitations

DOJ’s New “Stingray” Policy Offers Protections, Limitations

Last year, the U.S. Supreme Court decided that police officers generally need warrants to search the cellphones of people they arrest. Earlier this summer, a federal court disagreed with some of its counterparts by holding that the government must typically get a warrant to inspect someone’s past cellphone location information. Now, in the latest example of the law scrambling to keep up with mobile phone technology, the Department of Justice (DOJ) has announced a policy on cell tracking devices. The policy,…

Read More Read More

Cellphone Location Information: Warrant Required?

Cellphone Location Information: Warrant Required?

Updates: In June 2018, the U.S. Supreme Court established the rule that the police typically must have a warrant to access CSLI. In May 2016, the Fourth Circuit reconsidered the United States v. Graham decision “en banc.” The entire court, rather than a three-judge panel, gave the circuit’s final word on the case. The judges decided that it was not a violation of the Fourth Amendment for the government to obtain CSLI without a warrant. Again, though, the U.S. Supreme Court had the final…

Read More Read More

Police Officers Can’t Search Hotel Records on Demand, but What Does That Mean?

Police Officers Can’t Search Hotel Records on Demand, but What Does That Mean?

On June 22, 2015, in Los Angeles v. Patel, the U.S. Supreme Court decided that cops can’t rummage through hotel records whenever they want. (576 U.S. ___ (2015).) The opinion, framed in terms of the hotel’s privacy interest rather than that of its guests, nixed part of a Los Angeles Municipal Code section. The code section in question mandated that hotel and motel operators (1) maintain certain records about their guests and (2) allow police officers to inspect those records on…

Read More Read More

In Child Abuse Case, Supreme Court Narrows Right to Confront Witnesses

In Child Abuse Case, Supreme Court Narrows Right to Confront Witnesses

In the preschool lunchroom, a teacher notices that a three-year-old pupil has an eye that looks bloodshot. She asks him what happened; he says nothing, then claims that he fell. Shortly after, in a better-lit classroom, the teacher notices a series of marks on the boy. She gets other teachers involved, and they discover even more injuries. They ask the boy who hurt him. He mentions his mother’s boyfriend. The teachers, legally obligated to report suspected abuse, notify the authorities….

Read More Read More

Is a “Negligent” Threat Really a Threat?

Is a “Negligent” Threat Really a Threat?

Federal law makes it a felony to transmit in interstate commerce “any communication containing any threat  . . . to injure” someone. Anyone who sends a message intending to make a threat, or knowing that the communication will come across as a threat, has the state of mind required for a conviction under 18 U.S.C. § 875(c). But what about someone who sends a message and doesn’t—but should—know that the recipient will view it as a threat? Has the sender violated…

Read More Read More