Acknowledgments

Stuntz, Ruth; Stuntz, Sarah; Cook-Stuntz, Samuel; Cook-Stuntz, Elizabeth; Stuntz, Andrew

doi:10.2307/j.ctt2jbtht.19

Cited by 2 publications

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“…This contrasts with criminal law's usual prioritization of certainty for police, who "must act before they know whether they have guessed right." 255 Uncertainty is especially bad in the Fourth Amendment context because of exclusionary and immunity rules-if police err innocently, our legal system generally does not want them liable for significant damages or for defendants to be unjustly freed. 256 Regarding the exclusionary rule, there are questions of whether it would even apply to mosaic theory cases and, if not, whether that would lead to more inconsistencies.…”

Section: Mosaic Theory and Judicial Line Drawingmentioning

confidence: 99%

Miller in a Cashless Society: Financial Surveillance and the Fourth Amendment

Wostbrock

2024

CBLR

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In United States v. Miller, the Supreme Court declared that the Fourth Amendment does not protect Americans’ bank records because there is no reasonable expectation of privacy in the data. More recently, while limiting the third-party doctrine in Carpenter v. United States, the Court expressly left Miller standing by distinguishing the checks and deposit slips in Miller from the cell site location information in Carpenter. The Carpenter majority described the bank records in Miller as containing “limited types of personal information,” but the continued use of that distinction relies on an outdated picture of financial technology and consumer habits. Financial records have evolved significantly since Miller was decided in 1976, and ever-increasing reporting and retention requirements have created massive financial databases. In an increasingly cashless society, financial records can reveal intimate and comprehensive information about nearly every American. Still, this Note recognizes that courts are unlikely to find them worthy of constitutional protection, and it does not argue that all searches of them should be subject to a warrant requirement. This Note instead aims to highlight our vast financial surveillance infrastructure, consider its costs and benefits, and advocate for Congressional narrowing of the procedures for access to and use of financial records by government agents.

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Section: Mosaic Theory and Judicial Line Drawingmentioning

confidence: 99%

Miller in a Cashless Society: Financial Surveillance and the Fourth Amendment

Wostbrock

2024

CBLR

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“…They can and do charge multiple, similar offenses for the same underlying offense. 319 Redundant civilian criminal laws are perfectly legitimate. 320…”

Section: Ohio Northern University Law Reviewmentioning

confidence: 99%

What’s the Most Defense Friendly Jurisdiction in America? The Military.

Monea

2023

Preprint

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The military treats criminal defendants better than any other jurisdiction in the country. Some of these protections are straightforward improvements over civilian systems, some are inadvertent benefits for the defense. This article catalogs the benefits. They come in three main classes spread throughout the process. First, there are more substantive and logistical roadblocks for the prosecution to surmount to achieve and sustain a conviction, whether misdemeanor or felony, trial or appeal. Second, defendants are treated better on a personal level, which means more dignity in the courtroom and having their worldly needs taken care of during the entire process. And third, defense attorneys are treated better. Military defenders are paid more, have fewer cases, and have fewer obligations than their typical civilian counterparts. This article concludes by arguing the military system should incorporate aspects of the civilian justice system, but also celebrate its superior elements.

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Cited by 2 publications

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Miller in a Cashless Society: Financial Surveillance and the Fourth Amendment

Miller in a Cashless Society: Financial Surveillance and the Fourth Amendment

What’s the Most Defense Friendly Jurisdiction in America? The Military.

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