Trump’s Upcoming Refusal to Leave Office: The Good News

NEIL H. BUCHANAN

In this two-part series of columns, UF Levin College of Law professor Neil H. Buchanan discusses some new reasons for guarded optimism that Americans are beginning to recognize—and thus might be able to mitigate—the danger Donald Trump represents to American democracy. In this first part, Buchanan grounds his guarded optimism in Joe Biden’s expressly voicing concern that Trump will not leave the White House if he loses the election.

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How the President and Attorney General Could Have Avoided the Geoffrey Berman Debacle

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar comments on the recent dispute over the U.S. Attorney for the Southern District of New York and explains what President Trump and Attorney General Barr could have done to avoid the problem altogether. Amar describes a process that, if followed, could have allowed the administration to appoint their first-choice candidate without causing the controversy in which it now finds itself.

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Hardin v. State

Docket: 20S-CR-418

Opinion Date: June 23, 2020

Judge: Goff

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed the judgment of the trial court overruling Defendant's motion to suppress evidence obtained during the search of his vehicle, holding that law enforcement officers do not violate either the state or federal constitution by searching a person's vehicle when the person drives that vehicle up to his house while officers are executing a search warrant for the house that does not address vehicles. In his motion to suppress, Defendant argued that the law enforcement in his case exceeded the scope of the search warrant by searching his vehicle, which was not mentioned in the warrant. The trial court denied the motion. The Supreme Court affirmed, holding (1) the general premises warrant permitting law enforcement's search of Defendant's home also supported law enforcement's search of Defendant's vehicle, and therefore, the search did not violate the Fourth Amendment; and (2) the search of Defendant's vehicle did not violate Ind. Const. art. I, 11 because it was reasonable based on the totality of the circumstances.

Seo v. State

Docket: 18S-CR-595

Opinion Date: June 23, 2020

Judge: Loretta H. Rush

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court reversed the order of the trial court holding Defendant in contempt when Defendant refused to unlock her iPhone for a detective, holding that forcing Defendant to unlock her iPhone would violate her Fifth Amendment right against self-incrimination. The State charged Defendant of several offenses. When Defendant was placed under arrest, law enforcement took her iPhone. Believing it contained incriminating evidence, a detective got a warrant ordering Defendant to unlock her iPhone. When Defendant refused, the trial court held her in contempt. The Supreme Court reversed, holding (1) allowing the State to force Defendant to unlock her iPhone for law enforcement would provide law enforcement with information it did not already know, which the State could use in its prosecution against her; and (2) this result is prohibited by the Fifth Amendment's protection from compelled self-incrimination.