Garbage Pulls Under the Physical Trespass Test

By reintroducing the physical trespass test to the Fourth Amendment search inquiry, United States v. Jones (2012) and Florida v. Jardines (2013) supplemented the Katz privacy test with a property-based trespassory inquiry. Jones asks courts to consider whether police have physically trespassed on a personal effect with an investigatory purpose, and Jardines asks courts to consider whether police have engaged in an unlicensed physical intrusion into a constitutionally protected area, such as the curtilage of a home. This Note addresses one area of doctrinal uncertainty in the wake of Jones and Jardines: garbage pulls, a practice the Supreme Court found in California v. Greenwood (1988) did not constitute a Fourth Amendment search where garbage awaits collection on the curb.

This Note assesses the status of garbage pulls under the physical trespass test. First, it argues that under Jones, household garbage could qualify as an effect because of its status as personal property and its close connection to domestic intimacy. Second, it presents arguments that under Jardines, police likely exceed the boundaries of the implied license by entering the curtilage of a home to seize or investigate garbage. Here, the Note highlights a series of federal and state appellate court decisions that have historically dismissed the importance of the curtilage in cases involving garbage pulls. Ultimately, this Note demonstrates how the physical trespass test as articulated in Jones and Jardines could significantly restrict the permissible scope of garbage pulls.

Standing to Challenge the Lost Cause

In this Note, I contest the constitutionality of the public Confederate symbols that are pervasive throughout the South. Just months before the Charlottesville “alt-right” rally protesting the removal of a Confederate monument, the Fifth Circuit held that a plaintiff challenging the constitutionality of the Mississippi flag, which contains the Confederate battle flag in its top left corner, lacked standing. The decision prevents courts from remedying the unconstitutional harms inflicted by Confederate memorialization. It is particularly consequential in communities like Hanover County, Virginia, in which most residents are white and favor keeping Confederate symbols in two public schools: Stonewall Jackson Middle School, Home of the Rebels, and Lee-Davis High School, Home of the Confederates. I argue that courts should utilize the coercion test from Establishment Clause doctrine to analyze the harms caused by racially discriminatory government speech, satisfying Article III standing requirements. I further argue that the coercion test is particularly useful when applied to racially discriminatory government speech by public school boards, like in Hanover County, because the heightened harmful effects of Confederate symbolism on children mirror those of religious coercion.

Right to Be Educated or Right to Choose? School Choice and Its Impact on Education in North Carolina

Today, states face the challenge of how best to educate their citizens in light of state constitutional obligations to provide public education. Lawmakers must decide between investing more in traditional public schools or pursuing educational alternatives for students and their families. The school choice movement advocates for legal reform creating alternatives such as charter schools and school vouchers. This Note examines the ongoing doctrinal and social effects of school choice in North Carolina.

Doctrinally, school choice has successfully shifted the debate about what the purpose of state education law should be. As recently as one decade ago, statutory and decisional law was primarily premised on the idea that public education was a societal good designed to educate the citizenry and was governed by the costs and benefits to the community. Now, North Carolina education law increasingly emphasizes the importance of creating distinctive, varied school options and the benefits individual students accrue by accessing educational alternatives.

The change in North Carolina education law raises serious practical concerns. Rationalizing the benefits of publicly sponsored education in terms of individual gain leaves some students behind and produces negative social outcomes, such as segregation of schools. Charter schools and private schools funded by vouchers also have incentives to recruit high-performing students and not accommodate various disadvantaged groups within North Carolina. Unless the State is careful in considering the needs of all individual students, legalizing more state-sponsored school choice alternatives will exacerbate the relationship between family resources and educational opportunity.