National Center for Justice and the Rule of Law

Fourth Amendment

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Judicial Conferences


Judicial Courses on the Fourth Amendment

The Center offers four courses on the Fourth Amendment for members of the judiciary. The appellate courses and the comprehensive trial judge courses are offered in conjunction with the National Judicial College. The computer and digital evidence course for trial judges is offered in conjunction with Mississippi State University’s National Computer Forensics Training Center. All of the courses are grant funded and scholarships for members of the judiciary are available. Please note that the scholarships and eligibility requirements for each course vary somewhat and more information can be found under the registration tab above.

 

The Fourth Amendment: Search and Seizure of Computers and Digital Evidence for Appellate Judges

Offered in Reno, NV only. This two day program focuses on the search and seizure of computers and digital evidence. The overall learning objectives of this course include the following: (a) understanding of the sources and types of digital evidence; (b) examination of the principal approaches courts take to the search and seizure of digital evidence; (c) detailed examination of the application of Fourth Amendment principles to various locations of digital evidence, including computers, cell phones, remote storage, and the Internet; (d) examination of Fourth Amendment applicability doctrines, including standing, voluntary exposure, and the private search doctrine; (e) examination of Fourth Amendment satisfaction doctrines, including warrant issuance and review, search incident to arrest, and probable cause; (f) discussion of the distribution and possession of digitally produced child pornography; and (g) examination of some civil implications, including civil discovery.

Typical Agenda
Upcoming Conference Date: October 5-6, 2009
Registration

 

The Fourth Amendment for Appellate Judges: Foundational Principles and Selected Current Issues

Offered in Oxford only. Day one of this program provides an overall framework to analyze search and seizure issues. What is a search? When does a seizure occur? When is a search or seizure justified? When do the police need a warrant? If the Fourth Amendment has been violated, does the exclusionary rule apply? Day two is the Annual Symposium, which in 2010 is entitled: The Fourth Amendment Rights of Children & Juveniles. Day three offers an overview of the search and seizure of computers and other sources of digital evidence. Appellate judges are welcome to attend any or all of the three days.

Agenda
Upcoming Conference Date: March 10-12, 2010
Registration

 

The Fourth Amendment: Comprehensive Search and Seizure Training for Trial Judges

This four day course provides an overall framework to analyze search and seizure issues: What is a search? When does a seizure occur? What are the types of searches and seizures? What interests are protected by the Amendment? Who has standing to challenge the intrusion? When is a search or seizure justified? When do the police need a warrant? If the Fourth Amendment has been violated, does the exclusionary rule apply? It also offers insights on motion hearings practice, detailed examination of the principles related to consent searches, and sessions on warrant issuance and review of that decision, warrant execution issues, and searches without warrants. These latter searches include exigent circumstances, community caretaking, inventory searches, automobile searches, frisks, and searches incident to arrest. In every course there is at least one session offering some observations on an issue of particular current significance. Finally, it offers an overview of developing principles related to computers and digital evidence.

Typical Agenda
Upcoming Conference Dates: September 21-24, 2009 (Oxford, MS); May 24-27, 2010 (Reno, NV)
Registration

 

The Fourth Amendment: Search and Seizure of Computers and Digital Evidence for Trial Judges

This two day program focuses on the search and seizure of computers and digital evidence. Offered in Oxford only. The overall learning objectives of this course include the following: (a) understanding of the sources and types of digital evidence; (b) examination of the principal approaches courts take to the search and seizure of digital evidence; (c) detailed examination of the application of Fourth Amendment principles to various locations of digital evidence, including computers, cell phones, remote storage, and the Internet; (d) examination of Fourth Amendment applicability doctrines, including standing, voluntary exposure, and the private search doctrine; (e) examination of Fourth Amendment satisfaction doctrines, including warrant issuance and review, search incident to arrest, and probable cause; (f) discussion of the distribution and possession of digitally produced child pornography; and (g) examination of some civil implications, including civil discovery.

Typical Agenda
Upcoming Conference Dates: November 3-4, 2009

Registration - Please contact us at ncjrl@olemiss.edu.

View Course Materials

 

Technology Assisted Crimes Against Children Conferences for State and Appellate Judges

Program Summary
This program utilizes the resources of the NCJRL and the National Judicial College to develop high quality educational programming for state trial and appellate judges on the investigation and prosecution of technology-assisted crimes against children. The conferences focus on core competencies in substantive crimes/defenses, understanding investigative techniques, and litigation of pretrial motions to suppressing physical evidence (search and seizure) and statements by defendants. Four conferences are offered. The program is funded by a grant for the United States Department of Justice, Office of Juvenile Justice Delinquency Prevention.

Conferences
The courses are grant funded and FREE, with reimbursement of most expenses, including transportation(up to $500.00), hotel, materials, and conference-related meals.

I. Child Pornography (2 days) (offered once)

Substantive crimes and defenses: First Amendment concerns; understanding of various investigative techniques, including peer-to-peer, chat, traveler cases; introduction to computer forensics and search and seizure

Location and dates: University of Mississippi, February 4-5, 2010

This is a stand alone course because it is the crime that trial judges are most likely to encounter.

Agenda

II. Technology-Assisted Crimes Against Children: The Fundamentals (2 days) (offered once)

Overview course primarily on offenses and defenses, with an introduction forensics and search and seizure

Location and dates: University of Mississippi, Oct 11-12, 2010

III. Technology-Assisted Crimes Against Children: Understanding Investigative Techniques and Pretrial Motions Practice (2 days) (offered twice)

Understanding of various investigative techniques, including peer-to-peer, chat, travel cases, interrogation of suspects and significant search and seizure; discovery issues, and motions to suppress based on compelling the suspect to produce his password

Location and dates: Reno, NV, May 20-21, 2010 and Spring, 2011

Registration