We’ve all seen the movies. A suspect is fastened to a chair in a dimly lit room. There are wires attached to their fingers, a strap across the chest, and needles jump across a chart with knowing glances between the administrator and the detective. While these scenes are suspenseful plot devices, they are actually just a dramatized version of a polygraph test. The entertainment industry may take a fair amount Read More
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How Virginia Forfeiture Laws Apply in Drug Cases
Virginia forfeiture laws have come under serious scrutiny over the past few years, as civil liberties groups have questioned the legality of taking property without first proving a crime occurred, yet they are still in full force—and employed often to seize property from suspected narcotics traffickers and other drug dealers. In fact, $62 million in assets has been seized by Virginia law enforcement from suspected narcotics traffickers and other drug Read More
Can the Police Force Me to Unlock My Phone?
With cell phones nowadays almost always protected by a passcode of some type, it is common for police to ask suspects to provide access. Many people ask us “Is this legal?” In truth, police can ask you to consent to a search of your phone, car, or other personal property whenever they want. You do not have to consent, though, without a search warrant under the Fourth Amendment, and you Read More
Preventing Rape on Campus through Better Consent
Rape accusations on college campuses have increased dramatically over the past few years. In many ways, this is a good thing. More victims feel as though they will be listened to by law enforcement and the shame of being a victim is slowly decreasing. We are transitioning from “no means no” to “yes means yes.” Unfortunately, the yes means yes standard for sexual consent is creating a lot of confusion, Read More
Cell Phones and Privacy – Police Now Need a Warrant to Search Your Phone
In today’s technology-focused world, our cell phones almost become a part of us. Our memories and communications are contained inside smartphones through pictures and text messages. Even emails, documents, and bank records are commonly accessible via a person’s phone. When police have access to a person’s cell phone, they really have access to that person’s entire life. The Supreme Court has recently recognized this fact through two cases: Riley v. Read More