Case study, or, 99 problems: it’s the law

Via Ken White (@popehat) I learned about an article written by his law partner, Caleb Mason, for the St. Louis University Law Journal:

JAY-Z’S 99 PROBLEMS, VERSE 2: A CLOSE READING WITH FOURTH AMENDMENT GUIDANCE FOR COPS AND PERPS (pdf)

What is it? A line-by-line analysis of the second verse of Jay-Z’s song “from the perspective of a criminal procedure professor. It’s intended as a resource for law students and teachers, and for anyone who’s interested in what pop culture gets right about criminal justice, and what it gets wrong.”

It’s a terrific example of a focused, detailed explanation by a technical expert who’s also a teacher. Mason uses the specifics of the song (and of Jay-Z’s experience related to it) to highlight principles, legal issues, and practical problems related to the fourth amendment.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

As Mason says, “When I teach the Fourth Amendment, I ask my students what the doctrines tell us about, on the one hand, how to catch bad guys and not risk suppression [of evidence obtained improperly], and on the other, how to avoid capture or at least beat the rap if not the ride.”

 

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