James Tomkovicz
Encyclopedia
James Joseph "Jim" Tomkovicz (born 1951) is a professor of law at the University of Iowa College of Law
. Tomkovicz has authored six amicus curiae
briefs in the Supreme Court of the United States
; most recently, he was on the winning side of a 5-4 decision in Arizona v. Gant
.
casebook Criminal Procedure: Constitutional Constraints upon Investigation and Proof (LexisNexis 2008), now in its sixth edition. He also authored The Right to the Assistance of Counsel: A Reference Guide to the United States Constitution and Criminal Procedure (Greenwood Press). Tomkovicz's most recent book project, entitled "Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order," was published by Oxford University Press in the Spring of 2010. The text describes and analyzes the seven distinct constitutional bases for excluding potentially probative evidence of guilty from criminal proceedings.
. He has been published by law reviews at California-Davis, Hastings, Illinois, Iowa, Michigan, Mississippi, North Carolina, Ohio State, Washington & Lee, William & Mary, and Yale.
during the 1981-82 academic year. Prior to that, Tomkovicz was an attorney with the Appellate Section of the Lands Division of the Department of Justice
in Washington, D.C. He also served as a law clerk to Hon. Edward J. Schwartz, Chief Judge of the U.S. District Court for the Southern District of California, and as law clerk to Hon. John M. Ferren, Associate Judge of the District of Columbia Court of Appeals
. Tomkovicz has been a visiting professor at the UCLA School of Law on three occasions (2003, 2008, and 2011), and has also taught at the University of Michigan Law School
(1992), the University of Southern California School of Law (2011), the University of San Diego School of Law
(2004, 2006), and in the London Law Consortium (2002).
and membership in the UCLA Law Review
from 1974-1976. Tomkovicz received his Bachelor of Arts
in 1973 from the University of Southern California
graduating Summa Cum Laude in Psychology.
, Florida v. J.L.
, Kyllo v. United States
, United States v. Patane
, Maryland v. Blake, and Arizona v. Gant
.
University of Iowa College of Law
The University of Iowa College of Law is one of the eleven professional graduate schools at the University of Iowa, located in Iowa City, Iowa. Founded in 1865, it is the oldest law school in continuous operation west of the Mississippi River. The law school was ranked as the 27th best law school...
. Tomkovicz has authored six amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
briefs in the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
; most recently, he was on the winning side of a 5-4 decision in Arizona v. Gant
Arizona v. Gant
Arizona v. Gant, 556 U.S. 332 , was a United States Supreme Court decision which held that the Fourth Amendment to the United States Constitution requires law enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence...
.
Books
Tomkovicz is the author of the criminal procedureCriminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
casebook Criminal Procedure: Constitutional Constraints upon Investigation and Proof (LexisNexis 2008), now in its sixth edition. He also authored The Right to the Assistance of Counsel: A Reference Guide to the United States Constitution and Criminal Procedure (Greenwood Press). Tomkovicz's most recent book project, entitled "Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order," was published by Oxford University Press in the Spring of 2010. The text describes and analyzes the seven distinct constitutional bases for excluding potentially probative evidence of guilty from criminal proceedings.
Scholarly Works
In Tomkovicz’s recent law review article, Hudson v. Michigan and the Future of Fourth Amendment Exclusion, he lays out a roadmap for the future of the exclusionary ruleExclusionary rule
The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law...
. He has been published by law reviews at California-Davis, Hastings, Illinois, Iowa, Michigan, Mississippi, North Carolina, Ohio State, Washington & Lee, William & Mary, and Yale.
Criminal Code Reorganization
Tomkovicz was appointed to the “Iowa Criminal Code Reorganization Committee,” a group charged by the Iowa legislature with studying and formulating revision of the Iowa Criminal Code. That legislative project, however, was put on hold by the Iowa legislature and is unlikely to move forward in the forseeeable future.Employment
Tomkovicz joined the Iowa faculty in 1982 after serving as a visiting professor at Iowa in the spring of 1981 and an adjunct professor at the UCLA School of LawUCLA School of Law
The UCLA School of Law is the law school of the University of California, Los Angeles. It has been approved by the American Bar Association since 1950. It joined the Association of American Law Schools in 1952.- History :...
during the 1981-82 academic year. Prior to that, Tomkovicz was an attorney with the Appellate Section of the Lands Division of the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
in Washington, D.C. He also served as a law clerk to Hon. Edward J. Schwartz, Chief Judge of the U.S. District Court for the Southern District of California, and as law clerk to Hon. John M. Ferren, Associate Judge of the District of Columbia Court of Appeals
District of Columbia Court of Appeals
The District of Columbia Court of Appeals is the highest court of the District of Columbia. Established by the United States Congress in 1970, it is equivalent to a state supreme court, except that its power derives from Article I of the U.S. Constitution rather than from the inherent sovereignty...
. Tomkovicz has been a visiting professor at the UCLA School of Law on three occasions (2003, 2008, and 2011), and has also taught at the University of Michigan Law School
University of Michigan Law School
The University of Michigan Law School is the law school of the University of Michigan, in Ann Arbor. Founded in 1859, the school has an enrollment of about 1,200 students, most of whom are seeking Juris Doctor or Master of Laws degrees, although the school also offers a Doctor of Juridical...
(1992), the University of Southern California School of Law (2011), the University of San Diego School of Law
University of San Diego School of Law
The University of San Diego School of Law, commonly referred to as USD Law, is a law school located on the campus of the University of San Diego in San Diego, California in the community of Linda Vista. Founded in 1954, the law school has held ABA approval since 1961...
(2004, 2006), and in the London Law Consortium (2002).
Education
Tomkovicz received his Juris Doctorate in 1976 from the UCLA School of Law, graduating 5th in a class of 295. His academic honors included Order of the CoifOrder of the Coif
The Order of the Coif is an honor society for United States law school graduates. A student at an American law school who earns a Juris Doctor degree and graduates in the top 10 percent of his or her class is eligible for membership if the student's law school has a chapter of the...
and membership in the UCLA Law Review
UCLA Law Review
The UCLA Law Review is a scholarly journal founded in 1953 and published by the students of the UCLA School of Law. Six issues are released every year....
from 1974-1976. Tomkovicz received his Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1973 from the University of Southern California
University of Southern California
The University of Southern California is a private, not-for-profit, nonsectarian, research university located in Los Angeles, California, United States. USC was founded in 1880, making it California's oldest private research university...
graduating Summa Cum Laude in Psychology.
Listing of Works
Tomkovicz has authored amicus curiae briefs in Knowles v. IowaKnowles v. Iowa
Knowles v. Iowa, 525 U.S. 113 , was a decision by the United States Supreme Court which ruled that the Fourth Amendment prohibits a police officer from further searching a vehicle which was stopped for a minor traffic offense once the officer has written a citation for the offense.-Case:Patrick...
, Florida v. J.L.
Florida v. J.L.
Florida v. J.L., 529 U.S. 266 , held that a police officer may not legally stop and frisk anyone based solely on an anonymous tip that simply described that person's location and what he or she might look like but that did not furnish information as to any illegal conduct that the person might be...
, Kyllo v. United States
Kyllo v. United States
Kyllo v. United States, , held that the use of a thermal imaging device from a public vantage point to monitor the radiation of heat from a person's home was a "search" within the meaning of the Fourth Amendment, and thus required a warrant...
, United States v. Patane
United States v. Patane
United States v. Patane, 542 U.S. 630 , is a United States Supreme Court case relating to Miranda warnings.-Facts:Samuel Patane was arrested in front of his home for calling his ex-girlfriend in violation of a restraining order. During the arrest, police officers began reading Patane his Miranda...
, Maryland v. Blake, and Arizona v. Gant
Arizona v. Gant
Arizona v. Gant, 556 U.S. 332 , was a United States Supreme Court decision which held that the Fourth Amendment to the United States Constitution requires law enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence...
.