Orin S. Kerr | March 23, 2018 | Policing
ABSTRACTThis Article considers whether government agents can conduct searches or seizures to enforce a different government’s law. For example, can federal officers make stops based on state traffic violations? Can state police search for evidence of federal...
Cathy Shufro | February 9, 2018 | Policing
Professor Tracey Meares has sandwiched this trip to Chicago between two teaching days at the Yale Law School, timing it for when her kids are out of the house. On this cool Thursday morning in May 2017, she’s back in her favorite city, where she lived for almost 20...
Howard Fischer | January 8, 2018 | Policing
Police cannot put a GPS device onto a vehicle to track its movements without first getting a warrant, the Arizona Supreme Court ruled Wednesday. In a precedent-setting decision, a majority of the justices said people in vehicles have a “reasonable expectation” of...
Pauline Toboulidis | November 30, 2017 | Data Privacy, Policing
This week, the U.S. Supreme Court heard oral arguments in Carpenter v. United States, where the question presented is whether the Fourth Amendment permits the warrantless seizure and search of a user’s cellphone location and movement information. In Carpenter,...
Jeffrey A. Fagan | November 7, 2017 | Policing
Several observers credit nearly 25 years of declining crime rates to the “New Policing” and its emphasis on advanced statistical metrics, new forms of organizational accountability, and aggressive tactical enforcement of minor crimes. This model has been adopted in...
Stephen E. Henderson | September 22, 2017 | Data Privacy, Policing, Sentencing
As with most new things, the big data revolution in criminal justice has historic antecedents—indeed, a 1965 Presidential Commission called for some of the same data analysis that police departments and courts are today developing and implementing. But there is no...