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111 J. Crim. L. & Crimin. Online 1 (2020-2021)

handle is hein.journals/jclconl111 and id is 1 raw text is: THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 111 Online Copyright © 2020 by Karl Muth LEARNING FACTS FROM FICTION IN JAY-Z'S 99 PROBLEMS KARL T. MUTH* IN T R O D U C T IO N ............................................................................ 1 I. SETTING THE STAGE: OUR APOCRYPHAL PROTAGONIST'S PREDICAMENT ....................................................................... 2 II. DOING 55 IN A 54: TERRY V OHIO AND ITS EXTENDED FAMILY .................................................................................... 6 III. FR EE TO LEA V E ?.................................................................... 8 IV. RELEVANT CASE LAW SINCE 1994 ...................................... 11 V. ARRAIGNMENT, PRETRIAL HEARING, AND BOND D ISPA R IT IE S ...................................................................... 14 C O N C L U SIO N ............................................................................... 17 INTRODUCTION Well my glove compartment is locked, so is the trunk in the back, and I know my rights so you goin' need a warrant for that. ... sung in faux colloquy ... Aren't you sharp as a tack? You some type of lawyer or something? Somebody important or something? Jay-Z, 99 Problems *Lecturer in Law and Economics, Northwestern University. The opinions and any errors herein belong only to the author and the contents of this Article may not reflect the views of Northwestern University or of the Pritzker School of Law. Special thanks to Judge James A. Shapiro, whose guidance has improved my writing for over a decade. Thanks also to Cristina Desmond, Nancy Jack, Andrew Leventhal, Dayo Olopade, and others for helpful comments on earlier drafts. Thanks to Gary Becker, Frank Easterbrook, Bernard Harcourt, Kevin Murphy, and others who influenced my interest in law and economics and writing from new perspectives. This Article expands upon earlier work by Caleb Mason, Emir Crowne, and others who have discussed 99 Problems (particularly the second verse); the purpose of this Article is to reach beyond those analyses, to discuss the nearly ten years of subsequent case law, and to integrate empirical work from the law-and-economics scholarship not featured in earlier discussions of this topic. The author can be reached at karl.muth(?tlaw.northwestern.edu or at (tkarlmuth on Twitter. 1

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