Secret Searches: The SCA's Standing Conundrum

Legal Proceedings ◽

Procedural Due Process ◽

The Stored Communications Act (“SCA”) arms federal law enforcement agencies with the ability to use a special type of warrant to access users’ electronically stored communications. In some circumstances, SCA warrants can require service providers to bundle and produce a user’s electronically stored communications without ever disclosing the existence of the warrant to the individual user until charges are brought. Users that are charged will ultimately receive notice of the search after the fact through their legal proceedings. Users that are never charged, however, may never know that their communications were obtained and searched. This practice effectively makes the provisions of the SCA that allow for nondisclosure unreviewable by the judiciary. Users that were searched but not charged have standing to challenge the scope of these warrants, but receive no notice that the search occurred. Service providers receive notice but have no standing on behalf of their users under the Fourth Amendment. This Note argues that the nondisclosure orders, therefore, create a procedural due process violation in addition to a Fourth Amendment violation. Users may have their privacy and property interests infringed without a meaningful opportunity to be heard. Under a due process theory, as opposed to a Fourth Amendment theory, this practice can finally be judicially reviewed.

Civil forfeiture and Article 6 of the ECHR: due process implications for England & Wales and Ireland

Legal Studies ◽

10.1111/lest.12018 ◽

2014 ◽

Vol 34 (3) ◽

pp. 371-394 ◽

Cited By ~ 1

Author(s):

Colin King

Keyword(s):

Law Enforcement ◽

Final Section ◽

Due Process ◽

Full Range ◽

Organised Crime ◽

Presumption Of Innocence ◽

Criminal Proceedings ◽

Lack Of Information ◽

Civil forfeiture is playing an increasingly prominent role in the fight against organised crime. While this tool is attractive to law enforcement agencies, it does give rise to concerns under Art 6 of the ECHR. Such proceedings ought to attract the full range of enhanced procedural protections inherent in the criminal process. Even if the Strasbourg Court decides otherwise, there is an argument that the presumption of innocence ought to apply where civil forfeiture proceedings are instituted against a person subsequent to that person being acquitted in criminal proceedings. The Strasbourg jurisprudence, though, is permeated by confusion and inconsistency, which does not inspire confidence that the rights of the individual will be protected. The final section of this paper, then, considers whether civil forfeiture represents a proportionate response in the fight against organised crime. Ultimately, though, given lack of information on such crime, we cannot provide an answer either way – what can be said, though, is that civil forfeiture has had a significant impact on the rights of the individual.

Due process implications of law enforcement agencies using Investigative Genetic Genealogy to solve serious crimes

Alternative Law Journal ◽

10.1177/1037969x211007239 ◽

2021 ◽

pp. 1037969X2110072

Author(s):

Rhanee Rego ◽

John Anderson

Keyword(s):

Law Enforcement ◽

Due Process ◽

Criminal Procedure ◽

Dna Databases ◽

Genetic Genealogy ◽

Legislative Reform ◽

Critical Questions ◽

Forensic Practice

Investigative Genetic Genealogy (IGG) has opened up new frontiers in the search for the perpetrators of serious crimes. The pool of data held by consumer DNA databases has enabled law enforcement agencies to undertake database matching to find biological relatives of an unknown perpetrator. This relatively new forensic practice is not, however, without concerns when benchmarked against established norms of investigative practice and criminal procedure. The critical questions emerge: how should IGG be used and in what circumstances? In this article, we contend that the current laws in Australia are not capable of regulating IGG appropriately and legislative reform is required.

WAYS AND METHODS OF IMPROVING FORENSIC ACTIVITIES

Criminalistics and Forensics ◽

10.33994/kndise.2020.65.11 ◽

2020 ◽

pp. 108-120

Author(s):

О. Zherebko

Keyword(s):

Law Enforcement ◽

Best Practices ◽

Comprehensive Analysis ◽

Automated Systems ◽

Legal Proceedings ◽

Research Activities ◽

Organizational Work ◽

Internal Affairs ◽

Forensic Tools

The article analyzes forensic activity as one of the forms of activity in the field of legal proceedings. A comprehensive analysis of forensic activity has allowed formulating a number of proposals regarding ways and means of improving it. Ways of improving forensic activities have been identified and proposed: increasing the level of technical and forensic support for the disclosure, investigation and prevention of crimes; implementation of measures to increase the effectiveness of the participation of specialists of expert services in conducting investigative actions and operational-search measures. There is also indicated on improving research activities and introducing into practice new technical and forensic tools, forensic methods and techniques. Conducting forensic records, analytical and organizational work based on the introduction of modern automated systems and technologies; synthesis and dissemination of best practices and analysis of expert practice; improving the selection, training and placement of employees of expert units, strengthening official and executive discipline. Intensification of interaction between the expert services of the Ministry of Internal Affairs with other departments of the internal affairs bodies, as well as with other law enforcement agencies, including at the interstate level is described.

Resident Involvement in Tactical Medicine: 12 Years Later

Prehospital and Disaster Medicine ◽

10.1017/s1049023x19000013 ◽

2019 ◽

Vol 34 (02) ◽

pp. 217-219

Author(s):

Nicholas P. Petit ◽

Jason P. Stopyra ◽

Ricardo A. Padilla ◽

William P. Bozeman

Keyword(s):

Law Enforcement ◽

Online Survey ◽

The United States ◽

Fellowship Training ◽

Federal Law ◽

Special Operations ◽

Resident Involvement ◽

Fellowship Programs ◽

Tactical Medicine

Introduction:Interest in tactical medicine, the provision of medical support to law enforcement and military special operations teams, continues to grow. The majority of tactical physicians are emergency physicians with additional training and experience in tactical operations. A 2005 survey found that 18% of responding Emergency Medicine (EM) residencies offered their resident physicians structured exposure to tactical medicine at that time.Methods:This study sought to assess interval changes in tactical medicine exposure during EM residency and Emergency Medical Services (EMS) fellowship training. A secure online survey was distributed electronically to all 212 EM residency programs and 44 EMS fellowship programs in the United States.Results:Responses were received from 99 (46%) EM residency and 40 (91%) EMS fellowship programs. Results showed that 52 (53%) of the responding residencies offered physician trainees formal exposure to tactical medicine as part of their training (P < .0001 compared to 18% in 2005). In addition, 32 (72%) of the 40 responding EMS fellowships (newly established since the initial survey) offered this opportunity. Experiences ranged from observation to active participation during tactical training and call-outs. The EM residents and EMS fellows provide support to local, state, and federal law enforcement agencies. A small number of programs (six residencies and four fellowships) allowed a subset of qualified trainees to be armed during tactical operations.Conclusion:Overall, training opportunities in tactical medicine have grown significantly over the last decade from 18% to 53% of responding EM residencies. In addition, 72% of responding EMS fellowships incorporate tactical medicine in their training program.Petit NP, Stopyra JP, Padilla RA, Bozeman WP. Resident involvement in tactical medicine: 12 years later. Prehosp Disaster Med. 2019;34(2):217–219

Does Agency Type Matter for Female Federal Agents? Exploring the Offices of Inspectors General

Public Personnel Management ◽

10.1177/0091026019900522 ◽

2020 ◽

pp. 009102601990052

Author(s):

Helen H. Yu

Keyword(s):

Law Enforcement ◽

Sexual Harassment ◽

Work Life ◽

Federal Law ◽

Life Balance ◽

Federal Law Enforcement ◽

Recent Scholarship ◽

Family Friendly ◽

Federal Agents

Recent scholarship has examined the barriers women experience in well-known federal law enforcement agencies. However, there is scant research that examines a unique subgrouping of agents within the federal Offices of Inspectors General (OIGs). Drawing on survey data from 249 female agents, this study compares responses between female agents working in the OIGs and female agents working in all other federal law enforcement agencies to differentiate their experiences. Findings suggest that female agents in the OIGs experience less occupational barriers, namely, reduced number of relocations and incidences of sexual harassment, as well as higher agency adoption of family-friendly policies to promote work–life balance, resulting in women’s higher representation at those agencies.

Improving Expertise in Local Law Enforcement: Utilizing Virtual Environments to Assess Officer Performance and Standardize Training Procedures

Proceedings of the Human Factors and Ergonomics Society Annual Meeting ◽

10.1177/1071181319631387 ◽

2019 ◽

Vol 63 (1) ◽

pp. 2144-2148

Author(s):

Monica Connelly ◽

Joel Suss ◽

Lia DiBello

Keyword(s):

Law Enforcement ◽

Virtual Environments ◽

Cognitive Skills ◽

Skills Training ◽

Management Decision ◽

Federal Law ◽

Local Law Enforcement ◽

Force Scenario ◽

Management Decision Making

Training for non-federal law enforcement agencies is subject to little regulation—training academies and education requirements often vary between departments—resulting in new officers with varying abilities and on-job proficiencies. The role of expertise can be evaluated in law enforcement and assessed to determine best practices for ideal on-job performance, especially in incidents requiring officers to make potentially lethal, rapid critical decisions (e.g., a use-of-force scenario). Training in a virtual environment has successfully been utilized to maximize management decision-making performance and accelerate the training process. A supplementation of cognitive skills training to existing law enforcement training procedures is proposed along with a recommendation on utilizing virtual environments to enhance expert training and develop a safer community environment.

Compliance with the constitutional rights of an individual to privacy, personal and family secrets, secrecy of correspondence, postal, telegraph and other messages when examining a mobile device (Russian and foreign experience)

Courier of the Kutafin Moscow State Law University ◽

10.17803/2311-5998.2020.74.10.150-157 ◽

2020 ◽

pp. 150-157

Author(s):

I. A. Danilenko ◽

N. V. Vasiliev

Keyword(s):

Law Enforcement ◽

Mobile Device ◽

Court Decision ◽

Constitutional Rights ◽

Family Secrets ◽

Foreign Experience ◽

The article touches upon the issues of correlation of the constitutional rights of the individual and the examination of a mobile device by law enforcement agencies in order to disclose and investigate crimes. The grounds and procedure for examining a mobile device are considered. The question is raised about the need to obtain a court decision for this.

ANTI-CORRUPTION IN POLICE BODIES OF THE RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY

Journal of Foreign Legislation and Comparative Law ◽

10.12737/article_59bbac20f34436.89538538 ◽

2017 ◽

pp. 122-128

Author(s):

Денис Печегин ◽

Denis Pechegin ◽

Евгения Прохорова ◽

Evgeniya Prohorova

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

The State ◽

Federal Republic Of Germany ◽

Legal Analysis ◽

Legal Doctrine ◽

Effective System ◽

The Russian Federation ◽

The police as a law enforcement body of a specific state was created to perform a variety of tasks in order to maintain the law and order in society, to ensure the security of the state, its citizens. In accordance with the role of the police in the legal doctrine of different countries (Germany, France, England, etc.), in due time, there were even separate schools to study this institution. The police are also one of the subjects of anti-corruption. Nevertheless, this does not mean that corruption cannot exist in the ranks of the police. Despite the general increase in confidence in the police and their employees, noted by the All-Russia centre of studying of public opinion over the last few years in the Russian Federation, today the efforts to combat corruption need to be undertaken not only outside, but also within the police departments themselves. It is obvious that corrupt law enforcement bodies are not able to perform effectively and qualitatively their tasks, and this fast poses a real threat to the state, society and the individual. Thus, the task of improving the complex of anti-corruption measures in the police bodies is becoming more urgent. The article presents a comparative legal analysis of anti-corruption in the police bodies of Russia and Germany in modern conditions. The measures of influence are defined, as well as the forms of interaction of law enforcement agencies in the fight against this negative social phenomenon. The authors come to conclusion that the effective system of anti-corruption in police facilitates not only by the system of legislative sanctions adopted in the state, but also by the qualitative implementation of the state’s social policy with regard to civil servants.

Restructuring Law Enforcement Agencies to Support Prosocial Values: A Behavior Scientific Model for Addressing Police Brutality

10.31234/osf.io/geqvf ◽

2020 ◽

Author(s):

Elizabeth Ghezzi ◽

Janie Funk ◽

Ramona A. Houmanfar

Keyword(s):

Law Enforcement ◽

Cultural Practices ◽

The United States ◽

Police Brutality ◽

Scientific Model ◽

Systemic Racism ◽

Acceptance And Commitment ◽

The Individual ◽

Justice Movements

Policing in the United States is irrefutably a component of systemic racism. The history of police brutality against the Black community can be found in our amendments, laws, and cultural practices—it is an infrastructure of oppression. Though police brutality is not a new development, it has reached a fever pitch with the deaths of George Floyd and Breonna Taylor. Recent calls to defund the police puts law enforcement agencies squarely, and rightly, in the spotlight of social justice movements and reform. Current issues operating within law enforcement agencies ensure the perpetuation of a system that reinforces the status quo and gives nothing back to the communities that have been victims of brutality. A philosophical restructuring of how law enforcement agencies interact with the communities they serve is paramount. The purpose of this paper is to propose a behavior scientific model aimed at both the individual and organizational levels of law enforcement agencies using elements of Acceptance and Commitment Training (ACT) and Elinor Ostrom’s core design principles (CDPs), called Prosocial. The Prosocial model promotes clarification of values within organizations and the communities they serve and reinforces values-consistent action. The model therefore has the potential to be a useful tool to combat systemic racism and police brutality within law enforcement agencies. The proposed model will be discussed in the context of those who created it (white academicians), who will be implementing it (law enforcement), and ultimately who should benefit from it above and beyond police brutality and without psychological or financial cost (Black communities).

The Problem with Forgiving (But Not Entirely Forgetting) the Crimes of Our Nation’s Youth: Exploring the Third Circuit’s Unconstitutional Use of Nonjury Juvenile Adjudication in Armed Career Criminal Sentencing

University of Pittsburgh Law Review ◽

10.5195/lawreview.2005.32 ◽

2005 ◽

Vol 66 (4) ◽

Cited By ~ 1

Author(s):

Stephen F. Donahue

Keyword(s):

Supreme Court ◽

Due Process ◽

The United States ◽

Past Century ◽

Criminal Proceedings ◽

Social Compact ◽

Procedural Due Process ◽

Due Process Of Law ◽

Lower Courts ◽

For better or for worse, our Constitution ensures that the basic rights of fair procedure are guaranteed to all American citizens, including those accused of crime, no matter how much society may disapprove of their actions. The United States Supreme Court has expressly provided that “[d]ue process of law is the primary and indispensable foundation of individual freedom” and effectively serves as the “basic and essential term in the social compact which defines the rights of the individual and delimits the powers which the state may exercise.” Recognizing that the failure to observe fundamental procedural due process guarantees has historically resulted in substantial unfairness to criminal defendants, the Court has worked to establish heightened procedural safeguards in criminal proceedings over the latter half of the past century.6 In this sense, the Court has openly embraced the belief that “the progression of history, and especially the deepening realization of the substance and procedures that justice and the demands of human dignity require” has called for courts to “invest the command of ‘due process of law’ with increasingly greater substance.” Consequently, the Supreme Court has set a clear example that lower courts must move forward “with advancing the conception of human rights in according procedural as well as substantive rights to individuals accused of conflict with the criminal laws.”