Search and Seizure in the 21st Century: Development in the 50 Years Since Mapp v Ohio




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Published on Aug 31, 2011

Fifty years ago, in Mapp v. Ohio, the Supreme Court announced that evidence obtained in violation of the Constitution, already excluded in federal criminal proceedings, was also excluded in state prosecutions. Today, lawyers and judges face increasingly complicated and constantly evolving issues relating to searches and seizures. Smart phones, global positioning devices, and
a host of other means of obtaining, communicating, and storing data introduce new problems as to what evidence may constitutionally be obtained and relied on in court proceedings. This panel begins with a discussion of the Mapp decision itself by Professor Choper, who was a Supreme Court law clerk, in 1961. The panelists then discuss developments in the law of search and seizure here in the Ninth Circuit in the last halfcentury, consider the concerns today's practitioners have in litigating search and seizure issues, and examine what would happen if the law had developed differently, as it did in Canada.

Introduction: Joaquin C. Arriola, Jr., Esq., Guam
Member, Conference Executive Committee

Moderator: Gerald F. Uelmen, Professor of Law and Director, Edwin A. Heafey Jr. Center for Trial and Appellate Advocacy, Santa Clara University Law School

Justice Morris J. Fish, Supreme Court of Canada

Jesse H. Choper, Earl Warren Professor of Public Law,
University of California at Berkeley School of Law

Mythili Raman, Principal Deputy Assistant Attorney
General and Chief of Staff, Criminal Division, U.S.
Department of Justice

Recorded: August 17, 2011
2011 Ninth Circuit Judicial Conference

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