This course, presented by experienced practitioner Joshua L. Dratel, provides an update of important Fourth Amendment cases and trends. While focusing on federal cases and Supreme Court decisions in particular, this course will also canvass certain state and lower federal court decisions that address issues that are destined to percolate through the system and will likely require resolution by the Supreme Court.
Mr. Dratel will begin by discussing specific aspects of Supreme Court doctrine that are evolving. For example, the effects of technology on the “third-party doctrine,” on the traditional border search exception, and what constitutes “public” versus “private” space all have been and will continue to occupy the courts until a consensus is reached. Of course, even seemingly dispositive decisions will not be able to anticipate every set of facts.
Technology has also affected the scope of acceptable search and seizure, and even revitalized the concept of “seizure” as separate from “search.” The vast storage capacities, as well as access pathways, that computers, phones, tablets, and other devices that provide law enforcement have is an important and developing issue. So, too, is the limit on the accumulation of data. The public/private divide is also relevant in that context, as data collectors such as social media and other companies share their information with law enforcement.
In addition to reviewing the current state of Fourth Amendment law, the course will also identify facets of Fourth Amendment doctrine that are in flux, or are ripe for re-evaluation in light of many of the factors discussed above.
Joshua L. Dratel is an attorney in New York City, and practices criminal defense law in the state and federal courts nationwide. In his 32 years as a lawyer, his practice has included a wide range of matters, including “white collar,” “organized crime,” national security, extradition, drugs, sex offenses, and capital cases. He has testified as an expert witness on four occasions in extradition matters in the United Kingdom and Canada, and served as an expert in extradition matters in those jurisdictions in writing in several other cases.
He is a past President of the New York State Association of Criminal Defense Lawyers (2005), as well as former Chair of its Amicus Curiae Committee. He is also a Co-Chair of the Amicus Curiae Committee of the National Association of Criminal Defense Lawyers, Chair of its National Security Committee, and a former member of its Board of Directors and Public Affairs Council. He serves as NACDL’s delegate to the American Bar Association’s Criminal Justice Section Council, and serves on the Advisory Board of The Champion, NACDL’s monthly magazine. In addition, he is currently a Senior Fellow for Legal Research at the Fordham School of Law’s Center on National Security. Since 1988 he has been a member of the Criminal Justice Act panel in the Southern District of New York, and he is also a member of the Southern District of New York’s capital representation panel.
He was co-author of the 2003 Supplement of Practice Under the Federal Sentencing Guidelines, and his articles on a variety of criminal law subjects have appeared in The Champion, The Mouthpiece, and Criminal Justice Weekly. He is co-editor with Karen J. Greenberg of The Torture Papers: The Legal Road to Abu Ghraib (Cambridge University Press: 2005), a compendium of government memoranda, and The Enemy Combatant Papers: American Justice, the Courts, and the War on Terror (Cambridge Press: 2008), a digest of the litigation documents in the five most important enemy combatant cases.
He has lectured nationally on a variety of criminal law subjects for a variety of organizations, including NACDL, NYSACDL, the ABA, and U.S. Administrative Office of the Courts. In 2006, he was the recipient of NACDL’s Robert C. Heeney Award, that organization’s highest honor. In 2007, along with other lawyers representing Guantanamo Bay detainees, he was a recipient of the Frederick Douglass Human Rights Award from the Southern Center for Human Rights. In 2011, he received the Honorable Robert Louis Cohen Award for Excellence in the Practice of Criminal Law from the New York Criminal Bar Association. He is a 1978 Magna Cum Laude graduate of Columbia College, and a 1981 graduate of Harvard Law School.
Very informative presentation
Well presented material