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Fourth Amendment and No-Fly List Developments

In previous posts, I discussed recent developments in Fourth Amendment jurisprudence (see, e.g, here, and here) and the due process and liberty interests related to the No-Fly List (see here).  Over the last two days the Supreme Court and a federal judge in Oregon issued major rulings that further build on these developments. First, today the Supreme Court issued an opinion in Riley v. California (opinion here) banning the police practice of conducting warrantless searches of cell phone data.  In a unanimous ruling, the court held that the police may not, without a warrant, search digital information in a cell phone that has been seized fromRead More …

Defendant Asks for Relief After USMC Searches Defense Counsel Offices

Following an unusual CID search of military defense counsel offices in Camp Pendleton, CA, earlier this month, the Marine Corps launched an independent review to determine whether the search was appropriate and whether it compromised other defense cases that were caught up in the search.  The independent investigator found no evidence of impropriety. Nonetheless, the fallout continues both in public opinion and in on-going litigation of other current cases. As the AP and the Marine Corps Times report, a defendant in a Camp Pendleton hazing case asked the judge last week to remove his attorneys or alternatively toRead More …

Comprehensive Review of the Military Justice System

The Department of Defense is conducting a “comprehensive review” of the military justice system–a massive undertaking at any time; this will be particularly difficult in the current political climate.  Former CAAF Chief Judge Andrew Effron is heading the Military Justice Review Group (MJRG), which is carrying out the review. The MJRG is soliciting advice, comments, and recommendations to help improve military justice.  You can provide input by emailing the MJRG at osd.ucmj@mail.mil.