Elizabeth Jones Publishes on Immigration Checkpoints and the Fourth Amendment

Professor Elizabeth Jones has published “Possible Problems at the San Clemente Checkpoint” in the Virginia Journal of Criminal Law, 6 Va. J. Crim. L. 43 (2018).  The Article addresses the interplay between the U.S. Supreme Court law governing the immigration checkpoint program and the new, ever-shifting challenges facing the Border Patrol in administering these checkpoints. It examines recent cases originating from vehicle stops at the San Clemente checkpoint, and queries whether the government has been conducting pretextual stops at this checkpoint, and at others in the southwest border zone, to further a larger, arguably unlawful, agenda.

 

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Eunice Park Publishes in Hastings Constitutional Law Quarterly

Professor Eunice Park published “The Elephant in the Room: What is a ‘Nonroutine’ Border Search, Anyway? Digital Device Searches Post-Rileyin the Hastings Constitutional Law Quarterly, 44:3 Hastings Const. L.Q. 277 (2017). The article proposes an approach that obviates distinguishing between routine and nonroutine electronic device border searches, and rethinks the applicability in the digital era of notions of ingress versus egress, and imminent versus ongoing crime, in balancing the tension between law enforcement interests and individual privacy rights.