Riley v. California, 573 U.S. 373 (2014), holds that the contents of a cell phone may not be searched incident to arrest, but allows for the possibility that the phone itself may be seized incident to arrest. This post addresses when such a seizure is permissible and how long it may last.
Jeff Welty
News Roundup
The news story that captured my attention this week is not exactly, or not entirely, a criminal law story. Mahmoud Khalil, who helped lead pro-Palestinian protests at Columbia University, was arrested this week by ICE agents at the university-owned apartment where he lived. (Khalil apparently was a graduate student at the university until December.) Khalil is a lawful permanent resident of the United States – that is, a green card holder – but the agents indicated that his status would be revoked as a result of what the Trump administration views as his anti-Semitic advocacy. He remains in custody but has lawyered up, raising interesting questions about the government’s ability to revoke legal permanent residency based on speech. A federal judge has ordered that he not be deported pending further proceedings. The AP has more here and here. Keep reading for more news.
Children and Consent Searches
Some time ago, I received an email from a researcher asking whether a minor may consent to the search of his or her cell phone. The question made me realize how little I knew about children’s authority to consent to searches more generally. So I cracked some law books, and wrote this post as a primer for anyone who may be as uninformed as I was.
News Roundup
Tuesday night, Pam Bondi was confirmed by the United States Senate as the Attorney General of the United States. Bondi previously served as Attorney General of Florida. The Senate voted 54 – 46, with all Republicans plus John Fetterman of Pennsylvania voting in favor of confirmation, and all other Democrats voting against. NPR reports here that Bondi immediately issued 14 memoranda that, among other things, lift the federal moratorium on executions; establish a task force on antisemitism and justice for the victims of Hamas’s October 7, 2023, attack on Israel; and form a working group regarding the weaponization of federal agencies for political ends. Keep reading for more news.
Book Review: Framed
I’ve enjoyed quite a few books by John Grisham. I liked some of his early fiction a great deal. His more recent novels have been hit or miss for me. This Christmas, I received a copy of Framed, a new work of nonfiction he wrote in collaboration with Jim McCloskey, the founder of a nonprofit called Centurion Ministries that works to exonerate the wrongfully convicted. The book has ten chapters. Each tells the story of a wrongful conviction. I found the book interesting and also somewhat unsatisfying, for reasons I explain below.
Law Enforcement Officer Standards, Selection, and Training: How We Compare to Spain
I recently had the opportunity to travel to Spain, where I networked with academic colleagues, gave a talk about American policing, and did some research. One thing I wanted to learn more about was how law enforcement officers in Spain are selected and trained. I had read this article, and similar pieces, arguing that police training in Europe is very different from – and superior to – American police training. I wanted to assess that for myself. I was surprised by some of things I learned, and I thought I would share them in this post.
2025 Video Sweepstakes Update
On New Year’s Eve, the North Carolina Court of Appeals issued an opinion in No Limit Games, LLC v. Sheriff of Robeson County, __ N.C. App. __, __ S.E.2d __, 2024 WL 5250431 (Dec. 31, 2024). The case represents the latest development in the long-running battle over electronic sweepstakes games in North Carolina. This post provides a brief history of the issue, summarizes the recent opinion, and discusses the evolving sweepstakes industry and legal efforts to address it.
Is Santa a Criminal?
Around this time of year, many Americans begin to think about Santa. Will he visit? What will he bring? Will Rudolph be guiding his sleigh? As children normally picture him, Santa is an elderly gentleman, dressed in a distinctive red-and-white outfit. He may seem kindly and generous. But upon closer reflection, his activities appear far less benign. This post analyzes his conduct under the criminal law.
President Joe Biden Pardons Hunter Biden
The Associated Press reports here that “President Joe Biden pardoned his son, Hunter, sparing the younger Biden a possible prison sentence for federal felony gun and tax convictions and reversing his past promises not to use the extraordinary powers of the presidency for the benefit of his family.” This post discusses President Biden’s decision.
More on Officer Misconduct and Giglio
Years ago, I wrote this post about when evidence of an officer’s prior misconduct must be disclosed by the prosecution as material impeachment information under Giglio v. United States, 405 U.S. 150 (1972). The Fourth Circuit recently decided a case on point. This post discusses the Fourth Circuit case and other recent authority. In essence, it updates my previous post.