Justice Alito Presides Over FIU Law Moot Court Finals
Jeremy Chevres, Dean Acosta, Justice Alito, Judge Marcus, Judge Barkett and Nicolas Greene at the reception following the mock proceedings.

U.S. Supreme Court Justice Samuel Alito sat as chief justice for FIU’s 9th annual Moot Court Competition

Even seasoned trial lawyers might find themselves intimidated arguing in front of a Supreme Court justice. At FIU’s 9th annual Moot Court Competition, four College of Law students rose to the challenge.

U.S. Supreme Court Justice Samuel A. Alito Jr. joined Judge Rosemary Barkett and Judge Stanley Marcus – both from the Eleventh Circuit Court of Appeals – to preside over the final round of oral argument Jan. 26 at the Rafael Diaz-Balart Hall.

In the fictitious case Ernesto Escobar v. United States, the petitioner appealed his conviction for drug smuggling. Escobar’s appeal argued the government unlawfully gathered evidence using a GPS device. The appeal asserted that there is a “reasonable-expectation-of-privacy” standard.

The FIU case was well timed. Earlier in January, the U.S. Supreme Court handed down a unanimous decision that law enforcement officers must obtain a search warrant to attach a GPS unit to a suspect’s car to track him. Although similar to the real case, United States v. Jones, the FIU case dealt exclusively with whether the monitoring of such a device would alone violate the Fourth Amendment when no warrant is first obtained.

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