Feb 24, 2013 | Case Comments, Number 1, Print Edition, Volume 46
The Fourth Amendment of the U.S. Constitution and article I, section 10 of the Minnesota Constitution protect an individual’s privacy right from an unreasonable search or seizure. However, courts have upheld the constitutionality of some searches when an individual’s...
Feb 24, 2013 | Case Comments, Number 1, Print Edition, Volume 46
The United States Supreme Court famously held in Miranda v. Arizona that the Fifth Amendment privilege against self-incrimination granted a series of required safeguards, and outlined a way a suspect can invoke his rights. In 2010, the Court revisited this issue in...
Feb 24, 2013 | Case Comments, Number 1, Print Edition, Volume 46
In criminal cases, restitution for victims is typically limited to the losses that the defendant caused in the commission of the crime.1 Title 18, section 2259 of the United States Code requires courts to order restitution for victims of sexual crimes against children...
Feb 24, 2013 | Case Comments, Number 1, Print Edition, Volume 46
A criminal defendant’s motion to suppress often implicates the Fourth Amendment’s protections against “unreasonable searches and seizures.” Nevertheless, the extent to which government surveillance activities associated with wireless communication and location...