Tracey Maclin

Professor of Law

Joseph Lipsitt Faculty Research Scholar

BA magna cum laude, Tufts University
JD, Columbia University

Areas of Interest
Civil Rights, Constitutional Law, Criminal Law & Procedure, U.S. Supreme Court
Contact
Biography

Professor Tracey Maclin is the 1995 recipient of the Metcalf Award for Excellence in Teaching, Boston University’s highest teaching award. In addition to his teaching responsibilities at BU Law, Professor Maclin is a member of the American Law Institute, and has held visiting professorships at the law schools of Harvard and Cornell Universities. He also has served as counsel of record for the American Civil Liberties Union, the National Association of Criminal Defense Lawyers (NACDL) and the Cato Institute in a number of US Supreme Court cases addressing Fourth Amendment issues. Most recently, he was the author of an amicus brief representing the Cato Institute and NACDL in Hudson v. Michigan.

In the early part of his career, Professor Maclin served as law clerk to Judge Boyce Martin, Jr. of the US Court of Appeals for the Sixth Circuit. He was then associated with the New York law firm of Cahill, Gordon & Reindel and taught at the University of Kentucky College of Law.

Publications
  1. Tracey Maclin & Maria Savarese, "Martin Luther King Jr. And Pretext Stops (and Arrests): Reflections on How Far We Have Not Come Fifty Years Later," in Symposium "MLK 50: Where Do We Go From Here?", 49 University of Memphis Law Review (forthcoming).
    SSRN | Scholarly Commons
  2. Tracey Maclin, "The Prophylactic Fifth Amendment," 97 Boston University Law Review 1047 (2017).
    SSRN | Publisher | Scholarly Commons
  3. Tracey Maclin, "Anthony Amsterdam's Perspectives on the Fourth Amendment, and What It Teaches About the Good and Bad in Rodriguez v. United States," 100 Minnesota Law Review 1939 (2015-16).
    SSRN | HeinOnline (BU) | HeinOnline | Scholarly Commons
  4. Tracey Maclin, "The Right to Silence v. The Fifth Amendment," in Symposium Policing in the 21st Century: The Importance of Public Security Policing the Police, 2016 University of Chicago Legal Forum 255 (2016).
    SSRN | HeinOnline (BU) | HeinOnline | Scholarly Commons
  5. Tracey Maclin, "A Comprehensive Analysis of the History of Interrogation Law, with Some Shots Directed at Miranda v. Arizona," 95 Boston University Law Review 1387 (2015).
    SSRN | Scholarly Commons
  6. Tracey Maclin, "Government Analysis of Shed DNA Is a Search under the Fourth Amendment," in Symposium The 4th Amendment in the 21st Century, 48 Texas Tech Law Review 287 (2015-16).
    SSRN | HeinOnline (BU) | HeinOnline | Scholarly Commons
  7. Tracey Maclin, "Cell Phones, Search Incident to Arrest, and the Supreme Court," Boston University Law Review Perspectives 3 (2014).
    BU
  8. Tracey Maclin, "Maryland v. King: Terry v. Ohio Redux," 2013 Supreme Court Review 359 (2013).
    SSRN | BU | Scholarly Commons
  9. Tracey Maclin & Jennifer Rader, "No More Chipping Away: The Roberts Court Uses An Axe to Take Out the Fourth Amendment Exclusionary Rule," 81 Mississippi Law Journal 1183 (2012).
    SSRN | HeinOnline (BU) | HeinOnline | Scholarly Commons
  10. Tracey Maclin, The Supreme Court and the Fourth Amendment's Exclusionary Rule, Oxford University Press (2012).
    Publisher
  11. Tracey Maclin & Julia Grace Mirabella, "Framing the Fourth," 109 Michigan Law Review 1049 (2011).
    HeinOnline (BU) | HeinOnline
  12. Tracey Maclin, "A Criminal Procedure Regime Based on Instrumental Values," review of Donald Dripps, About Guilt and Innocence: The Origins, Development, and Future of Constitutional Criminal Procedure, Praeger Publishers (2002), 22 Constitutional Commentary (2009). Westlaw | Lexis Advance
  13. Tracey Maclin, "James Otis (1725-1783)," in The Yale Biographical Dictionary of American Law, Roger K. Newman, ed., Yale University Press, 411 (2009).
  14. Tracey Maclin, "United States v. Whren: The Fourth Amendment Problem with Pretextual Traffic Stops," in We Dissent: Talking Back to the Rehnquist Court, Eight Cases That Subverted Civil Liberties and Civil Rights 90, Michael Avery, ed., New York University Press (2009).
  15. Tracey Maclin, "The Good and Bad News About Consent Searches in the Supreme Court," 39 McGeorge Law Review 27 (2008).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  16. Tracey Maclin, "The Bush Administration's Terrorist Surveillance Program and the Fourth Amendment's Warrant Requirement: Lessons from Justice Powell and the Keith Case," in Symposium Katz v. U.S.: 40 Years Later: International Crime and Terrorism, 41 U.C. Davis Law Review 1249 (2007-08).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  17. Tracey Maclin, "Police Interrogation during Traffic Stops: More Questions than Answers," 31 The Champion 34 (2007).
    Westlaw | Lexis Advance
  18. Tracey Maclin, "Hoffa v. United States: Secret Agents in Private Spaces," in Criminal Procedure Stories 181, Carol Streiker, ed., Foundation Press (2006).
  19. Tracey Maclin, "Is Obtaining an Arrestee's DNA a Valid Special Needs Search Under the Fourth Amendment? What Should (and Will) the Supreme Court Do?" 33 Journal of Law, Medicine & Ethics 102 (2005). Reprinted in 34 Journal of Law, Medicine & Ethics 165 (2006).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  20. Tracey Maclin, "Is Yale Kamisar as Good as Joe Namath?: A Look Back at Kamisar's 'Prediction' of Miranda v. Arizona," 2 Ohio State Journal of Criminal Law 33 (2004).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  21. Tracey Maclin, "The Pringle Case's New Notion of Probable Cause: An Assault on Di Re and the Fourth Amendment," 2003-2004 Cato Supreme Court Review 395 (2004).
    Westlaw
  22. Tracey Maclin, "'Voluntary' Interviews and Airport Searches of Middle Eastern Men: The Fourth Amendment in a Time of Terror," in Symposium The Permissibility of Race or Ethnicity as a Factor in Assessing the Reasonableness of a Search or Seizure, 73 Mississippi Law Journal 471 (2003).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  23. Tracey Maclin, "Katz, Kyllo and Technology: Virtual Fourth Amendment Protection in the Twenty-First Century," 72 Mississippi Law Journal 51 (2002).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  24. Tracey Maclin, "Let Sleeping Dogs Lie: Why the Supreme Court Should Leave Fourth Amendment History Unabridged," 82 Boston University Law Review 895 (2002).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  25. Tracey Maclin, "Wiretapping and Eavesdropping," in Encyclopedia of Crime and Justice, 2d ed., Joshua Dressler, ed., Macmillan Reference USA, 1677 (2002).
  26. Tracey Maclin, "The Fourth Amendment on the Freeway," 3 Rutgers Race and the Law Review 117 (2001).
    Lexis Advance | HeinOnline (BU) | HeinOnline
  27. Tracey Maclin, "On Amending the Fourth: Another Grave Threat to Liberty," National Law Journal __ (Nov. 12, 2001).
  28. Tracey Maclin, "What Can Fourth Amendment Doctrine Learn from Vagueness Doctrine?" 3 University of Pennsylvania Journal of Constitutional Law 398 (2001).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  29. Tracey Maclin, "Drug Testing: The Fourth Amendment," in The Constitution and Its Amendments 78, Roger K. Newman, ed., Macmillan Reference USA (1999).
  30. Tracey Maclin, "Race and the Fourth Amendment," 51 Vanderbilt Law Review 333 (1998). Reprinted in 25 Search and Seizure Law Report 65 (Oct. 1998).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  31. Tracey Maclin, "Terry v. Ohio's Fourth Amendment Legacy: Black Men and Police Discretion," 72 St. John's Law Review 1271 (Oct. 1998). Reprinted in 26 Search and Seizure Law Report 157 (Oct. 1999).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  32. Tracey Maclin, "Can a Traffic Offense Be D.W.B. (Driving While Black)?" Los Angeles Times __ (Mar. 9, 1997).
  33. Tracey Maclin, "The Complexity of the Fourth Amendment: A Historical Review," 77 Boston University Law Review 925 (1997). Reprinted in 25 Search and Seizure Law Report 49 (July/Aug. 1998).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  34. Tracey Maclin, "Open Door Policy: Court Rulings on Traffic Stops Undercut Fourth Amendment Protections," 83:7 American Bar Association Journal 46 (July 1997).
    HeinOnline (BU) | HeinOnline
  35. Tracey Maclin, "Informants and the Fourth Amendment," 74 Washington University Law Quarterly 573 (1996).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  36. Tracey Maclin & Michael J. Gerhardt, "1995-96 Supreme Court Preview: Mock Arguments in Romer v. Evans," 4 The William and Mary Bill of Rights Journal 639 (1995).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  37. Tracey Maclin, "Court Is Off Base on Student Drug Tests," Newsday A32 (Aug. 9, 1995).
  38. Tracey Maclin, "Public Housing Searches Ignore the Constitution," The Christian Science Monitor __ (May 24, 1994).
  39. Tracey Maclin, "Warrantless Sweeps Are an Erosion of Freedom," Houston Chronicle __ (April 22, 1994).
  40. Tracey Maclin, "When the Cure for the Fourth Amendment is Worse than the Disease," 68 Southern California Law Review 1 (1994).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  41. Tracey Maclin, "The Central Meaning of the Fourth Amendment," 35 William and Mary Law Review 197 (1993). Reprinted in 21:2 Search and Seizure Law Report 9 (Feb. 1994).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  42. Tracey Maclin, "Justice Thurgood Marshall: Taking the Fourth Amendment Seriously," 77 Cornell Law Review 723 (1992).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  43. Tracey Maclin, "They Were Not True Blue," Newsday __ (Oct. 7, 1992).
  44. Tracey Maclin, "Black and Blue Encounters? - Some Preliminary Thoughts About Fourth Amendment Seizures: Should Race Matter?" in Symposium The Bill of Rights Yesterday and Today: A Bicentennial Celebration, 26 Valparaiso University Law Review 243 (1991).
    HeinOnline (BU) | HeinOnline
  45. Tracey Maclin, "The Decline of the Right of Locomotion: The Fourth Amendment on the Streets," 75 Cornell Law Review 1258 (1990).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  46. Tracey Maclin, "Fourth Amendment Attack: Police Actions Violate Freedom of Locomotion," Syracuse Post-Standard __ (Jan. 3, 1990).
  47. Tracey Maclin, "The Fourth Amendment is Under Attack--Does Anybody Care?" 17 Cornell Law Forum 7 (1990).
  48. Tracey Maclin, "Seeing the Constitution from the Backseat of a Police Squad Car," review of H. Richard Uviller, Tempered Zeal: A Columbia Law Professor's Year on the Streets with the New York City Police, Contemporary Books (1988), 70 Boston University Law Review 543 (1990). Westlaw | Lexis Advance
  49. Tracey Maclin, "Constructing Fourth Amendment Principles from the Government Perspective: Whose Amendment Is It, Anyway?" 25 American Criminal Law Review 1 (1988).
    HeinOnline (BU) | HeinOnline
  50. Tracey Maclin, "New York v. Class: A Little-Noticed Case With Disturbing Implications," 78 Journal of Criminal Law & Criminology 1 (1987).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
Courses

4 credits

This course covers search and seizure, the privilege against self-incrimination, confessions and the rights to counsel during custodial police interrogation. In general the course will examine the constitutional law in cases arising out of the conflict between police practices and the Bill of Rights. GRADING NOTICE: This class will not offer the CR/NC/H option. RESTRICTION: Students may not enroll in this section and Criminal Procedure (JD819).

FALL 2017: LAW JD 821 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg
Tue,Thu 9:15 am 10:30 am 4 Tracey Maclin LAW
Fri 9:00 am 10:15 am 4 Tracey Maclin LAW
FALL 2018: LAW JD 821 A1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 9:15 am 10:30 am 4 Tracey Maclin
Fri 9:00 am 10:15 am 4 Tracey Maclin

3 credits

This course will focus on criminal procedure and criminal law cases that are currently on the docket of the Supreme Court. Each week, the class will read a substantial amount of materials in preparation for one case, including its lower court opinion, the briefs from each party, two sets of amicus briefs, and a Supreme Court opinion drafted by a member of the class. Students will also be expected to read the most significant Supreme Court precedents involving each case. Prior to each class session, each student will be responsible for writing a 3-5 page memo critiquing the readings of the week. Students will also be responsible for drafting one 20-25 page Supreme Court opinion to be distributed to and discussed by the class. Criminal Procedure is not a prerequisite for this course. GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2018: LAW JD 903 A1 , Jan 18th to Apr 19th 2018
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 3 Tracey Maclin LAW
SPRG 2019: LAW JD 903 A1 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Wed 4:20 pm 6:20 pm 3 Tracey Maclin
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