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U.S. Supreme Court Examines Indiana Cases, Shaping National Precedent

U.S. Supreme Court Examines Indiana Cases, Shaping National Precedent

Indiana University Robert H. McKinney School of Law recently hosted a Constitution Day event, reviewing several Indiana cases that reached the U.S. Supreme Court and resulted in landmark rulings. The event highlighted how constitutional law is applied at both state and national levels. Among the cases discussed was *Crawford v. Marion County Election Board* (2008), where the Supreme Court upheld Indiana's voter photo ID law, a decision still cited in election law cases. Another significant case, *Hammon v. Indiana* (2006), helped define what constitutes a 'testimonial statement' under the Sixth Amendment's Confrontation Clause, impacting when out-of-court statements can be used against a criminal defendant. Additionally, *Armour v. City of Indianapolis* (2012) was examined, where the Supreme Court ruled 6-3 that Indianapolis had a rational basis for treating two groups of homeowners differently regarding special assessment reimbursements, thus not violating the Equal Protection Clause. The discussion empha...

U.S. Supreme Court Rulings Define Legality of Price-Setting by Trade Groups

U.S. Supreme Court Rulings Define Legality of Price-Setting by Trade Groups

The U.S. Supreme Court has established precedents regarding when price-setting by trade groups is permissible under antitrust law, as highlighted by Attorney Lee Byung-joo. Two landmark cases, Broadcast Music, Inc. (BMI) in 1979 and National Collegiate Athletic Association (NCAA) in 1984, illustrate the distinction. In the BMI case, the Court ruled that blanket licenses offered by music copyright organizations, which set prices for vast catalogs of songs, were legal. This was because the blanket license created a new product that individual copyright holders could not offer alone, expanding the market for music access. Conversely, in the NCAA case, the Court found the association's collective management of college football broadcasting rights to be unlawful. The NCAA's plan restricted the number of telecasts and artificially leveled fees, thereby limiting output and raising prices in an existing market where individual schools could have otherwise negotiated their own broadcasting deals. The Court applied ...

Law Enforcement Training Discusses Warrantless Vehicle Searches at Police Stations

Law Enforcement Training Discusses Warrantless Vehicle Searches at Police Stations

Anthony Bandiero, an attorney and senior legal instructor for Blue to Gold Law Enforcement Training, addressed a question from a California officer regarding warrantless vehicle searches. The officer described an incident where a stolen vehicle was located via LoJack in a park known for gang activity. Due to safety concerns arising from a hostile crowd, the vehicle was driven to the police station, where a search was conducted, revealing a loaded extended firearm magazine. The officer questioned whether a warrant was necessary for this search, particularly if the vehicle had not been stolen. Bandiero clarified that the 'no standing' rule for stolen vehicles allows for such searches, but also emphasized that the motor vehicle exception to the Fourth Amendment does not require a warrant even if the vehicle is moved to the station, provided certain conditions are met. These conditions include probable cause, the vehicle not being within curtilage, being readily mobile, and the search adhering to the scope of ...

Virginia Circuit Court May Seal Indictments Until Defendant's Arrest

Virginia Circuit Court May Seal Indictments Until Defendant's Arrest

In Virginia, a circuit court has the authority to seal an indictment until the defendant is arrested. This action can be taken upon an ex parte motion by the Commonwealth, provided that good cause is shown. An ex parte motion means that the motion is made by one party without notice to, or in the absence of, the other party. The provision for sealing indictments is outlined in Virginia Code § 19.2-192.1. This legal mechanism allows for the confidentiality of an indictment, which is a formal accusation of criminal activity, during the period between its issuance by a grand jury and the apprehension of the accused individual. The purpose of sealing an indictment is typically to prevent the defendant from fleeing or tampering with evidence once they become aware of the charges against them. The law specifies that this sealing remains in effect until the point of arrest, after which the indictment would presumably become public.

New Database Tracks Supreme Court Citations of Academic Scholarship

New Database Tracks Supreme Court Citations of Academic Scholarship

A new database, 'Scholarship at the Supreme Court,' has been developed to catalog every piece of legal scholarship cited by the Supreme Court of the United States in its opinions. This comprehensive resource currently contains 15,588 citations, encompassing law review articles, books, treatises, and other forms of legal scholarship. The project was initiated due to a lack of a comprehensive public resource tracking these citations across opinions, terms, and subject areas. Each entry in the database records the author, title, publication, year, the number of times the work has been cited, and every case in which the citation appears. The interface offers full-text search capabilities and allows filtering by section, author, journal, year range, citation frequency, and citing case. The data is derived from a systematic review of Supreme Court opinions and is periodically updated.

Understanding the Legal Term 'Indictment' in U.S. Federal System

Understanding the Legal Term 'Indictment' in U.S. Federal System

An indictment is a formal written criminal accusation issued by a grand jury in the U.S. federal system. This accusation follows the grand jury's review of evidence presented by prosecutors, determining if there is sufficient basis to proceed with criminal charges. The indictment identifies the alleged offenses, which can include multiple counts such as wire fraud, money laundering, or conspiracy, and serves as the formal basis for these charges. It is crucial to understand that being indicted does not equate to being found guilty; it merely signifies that formal criminal charges have been brought against a person. The federal model jury instructions explicitly state that an indictment is not evidence of guilt, and the government must prove a defendant's guilt beyond a reasonable doubt. The process typically involves an investigation, presentation of evidence to a grand jury (comprising 16 to 23 citizens), the grand jury returning an indictment if probable cause is found, followed by an arraignment where t...

Delaware County Elections Director James Allen Discusses Election Security and Procedures

Delaware County Elections Director James Allen Discusses Election Security and Procedures

James Allen, the Elections Director for Delaware County, Pennsylvania, recently addressed concerns regarding election security and procedures. During a 'Hot Topic' seminar hosted by the League of Women Voters of Central Delaware County, Allen detailed the processes involved in county elections, including mail-in voting, chain of custody protocols, and dispelling concerns about non-citizens voting. He discussed the U.S. Supreme Court's decision to decline the U.S. Postal Service's involvement in certain new provisions, citing the 'Purcell principle' against last-minute changes to election systems. Allen affirmed the county's readiness to comply with any mandates and highlighted the robust security measures in place, such as 100% chain of custody for ballots and V-drives, and the training of poll workers in de-escalation techniques. He also clarified that assertions about non-citizens registering to vote are largely false, with rare instances typically being clerical errors.

Legal Analysis Clarifies Rules for Searching Abandoned Cell Phones After Foot Pursuits

Legal Analysis Clarifies Rules for Searching Abandoned Cell Phones After Foot Pursuits

A legal analysis from Blue to Gold Law Enforcement Training addresses the complexities surrounding the search of cell phones left behind in a vehicle by a suspect fleeing on foot. The scenario involves an officer in Texas who observed a man in a high-crime area, who then drove away evasively and ultimately fled on foot, leaving two cell phones in his car. The officer was advised that there might not be sufficient grounds for a warrant to search the phones. The analysis clarifies that merely driving away from a police presence in a high-crime area does not constitute reasonable suspicion for a stop. However, evasive driving combined with a high-crime area can establish reasonable suspicion. The core issue revolves around the concept of 'abandonment' regarding the cell phones. Abandonment occurs when an individual's actions or statements indicate they no longer expect a privacy interest in an item. While running from a car is a significant indicator, it does not automatically mean everything inside is abando...

Supreme Court Justice Clarence Thomas Reflects on Early Life and Mentorship

Supreme Court Justice Clarence Thomas Reflects on Early Life and Mentorship

Supreme Court Justice Clarence Thomas recently shared insights into his challenging upbringing in Pin Point, Georgia. He grew up in crushing poverty without running water and was raised by his grandfather after his mother was unable to. Despite these significant early life hardships, Thomas ascended to the United States Supreme Court. He attributes a pivotal moment in his intellectual development to reading 'Race and Economics' by Thomas Sowell as a young lawyer. Thomas described this experience as finding 'water in the desert,' as Sowell's approach of presenting evidence and arguments, then allowing the reader to decide, was a revelation. This intellectual honesty fostered a friendship between Thomas and Sowell that spanned over four decades. During a recent episode of the Hoover Institution’s Sowell Legacy series, Justice Thomas became emotional while discussing Sowell's profound influence, stating his decision to live the rest of his life as a memorial to those who shaped him, including Sowell.

US judge signals rejection of part of TikTok privacy settlement

US judge signals rejection of part of TikTok privacy settlement

By David Shepardson WASHINGTON, Sept 19 (Reuters) - TikTok and ByteDance's proposed $400 million settlement with the US Justice Department hit a hurdle on Friday after a federal judge indicated he would reject part of the agreement.

Supreme Court Addresses Mosaic Theory in Fourth Amendment Surveillance Cases

Supreme Court Addresses Mosaic Theory in Fourth Amendment Surveillance Cases

The U.S. Supreme Court has increasingly addressed the 'mosaic theory' in the context of Fourth Amendment protections against unreasonable searches and seizures. This legal premise suggests that while individual pieces of information may not, on their own, constitute a search, their aggregation can reveal a detailed picture that implicates a legally protected interest. This theory is particularly relevant to prolonged or comprehensive government surveillance. The D.C. Circuit Court of Appeals first applied this theory in *United States v. Maynard* (2010), ruling that extended GPS surveillance constituted a Fourth Amendment search. Although the Supreme Court affirmed the judgment in *United States v. Jones* (2012) on a property/trespass theory, concurring opinions supported the privacy implications of long-term data collection. More recently, in *Carpenter v. United States* (2018), the Supreme Court held that acquiring extensive historical cell-site location information (CSLI) was a Fourth Amendment search, ...

Tennessee Woman Sues Fargo for $10 Million Over Wrongful Arrest Due to Facial Recognition Error

Tennessee Woman Sues Fargo for $10 Million Over Wrongful Arrest Due to Facial Recognition Error

Angela Lipps, a resident of Elizabethton, Tennessee, has filed a federal lawsuit seeking $10 million in damages against the city of Fargo, North Dakota, and Fargo Police Department detective Lucas Heck. The lawsuit alleges that Lipps was wrongfully arrested in July 2025 after facial recognition software incorrectly identified her as a suspect in a series of bank fraud incidents in the Fargo area. The complaint states that the facial recognition match was based on a photo from a fake identification card used by the actual suspect, not surveillance footage, and that these results should have been treated as investigative leads requiring independent corroboration. Lipps was charged with eight felonies, including charges carrying up to 10 years in prison, and a nationwide warrant was issued for her arrest. She was arrested at gunpoint, held in a Tennessee jail, and then extradited to North Dakota, where she was detained at the Cass County Jail on a $100,000 bond. Prosecutors ultimately dismissed the charges in...