November 2011
Read about police cell phone searches storytelling as persuasion challenging wiretap applications and more.
Articles in this Issue
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A Second-Class System of Justice (From the President)
A Second-Class System of Justice (From the President) Lisa M. Wayne From the President November 2011 5 Ten years after President Bush’s creation of the military commissions system at Guantánamo Bay, only six cases have been completed and the legitimacy of the system remains in question. 1 Compare th
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Affiliate News
Affiliate News Gerald Lippert Affiliate News November 2011 13 Benefits of Affiliation I have preferred customer status for a variety of grocery stores, airlines, hotels and numerous retailers — so many, in fact, that my wallet is bursting at the seams with their personalized VIP cards. With
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Book Reviews
Reviews of Tested: How Twelve Wrongly Imprisoned Men Held Onto Hope by Peyton and Dorothy Budd, Laws of Attraction by Allison Leotta, and Foresthill: A Public Defender's Bedtime Reader by David A. Brooks.
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Can Police Search Your Cell Phone, and Even Break Your Password, During An Arrest?
Professor Adam Gershowitz describes the broad scope of the search incident to arrest doctrine as applied to cell phones. After explaining why Supreme Court precedent seemingly authorizes such broad searches, the article explores a question courts have not confronted: Can police search cell phones that have been password protected?
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Challenging Wiretap Applications as Unconstitutionally Overbroad and Lacking Particularity: The Ill-
State and federal courts authorized 3,194 wiretap applications in 2010; only one application was denied. When law enforcement officers target an organization, the organization must have a structure beyond "loose association of criminals." If the government can claim that loosely associated individuals constitute a criminal organization, there is no limit to the extent and length of time to which the government can proceed in intercepting personal and private information from an infinite number of people. When the organization is not specifically defined, described, and structured, the wiretap application does not satisfy the constitutional and statutory requirements of particularity.
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Civil Liberties and Defense Groups Seek to Require Warrants for Police GPS Surveillance (NACDL News)
Civil Liberties and Defense Groups Seek to Require Warrants for Police GPS Surveillance (NACDL News) IvanJ. Dominguez NACDL News November 2011 11 In what is widely expected to be one of the most important liberty and privacy cases in decades, on November 8, the U.S. Supreme Court heard argument on
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Operation Streamline And the Criminal Justice System
The public supports greater enforcement of U.S. immigration laws. As a result, the federal government has increased border security and implemented enforcement programs such as Operation Streamline to prosecute people accused of illegally entering the United States. The defense attorney has the initial meeting with clients in the morning and must complete the interview-advisement before noon. For defendants, the streamline hearing that begins in the afternoon is many hearings rolled into one: the initial appearance hearing, detention hearing, change of plea heating, and sentencing hearing. Juan Rocha explains how shortcuts are taken in these cases and the constitutional principles that are at risk.
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Practice Points
Law students rarely concentrate on learning practical skills, and thus few new lawyers are adept at conducting the initial client interview. This article provides tips that will help recent law graduates effectively communicate with new clients and gain their trust.
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Promoting the Fair Administration of Criminal Justice: Across the Issues and Across the Country (Ins
Promoting the Fair Administration of Criminal Justice: Across the Issues and Across the Country (Inside NACDL) Norman L. Reimer Inside NACDL November 2011 7 Earlier this fall, NACDL conducted a survey to assess the Association’s value to the national defense community. More than 1,800 members and
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Storytelling and the Art of Persuasion
What makes some lawyers magicians in the courtroom and some lawyers merely average? Great lawyers are master storytellers. When telling a story, defense lawyers need to know the audience to whom they are speaking, and they need to capture the visual, oral and emotional scene in the courtroom. Tyrone Moncriffe writes that stories hold a jury's attention better than factual dissertations. They also make it possible for juries to understand complex rules of law and legal positions. Finally, people identify with stories. People can relate to aspects of a story and cast themselves in it.