A U of A School of Law Criminal Practice Clinic team recently celebrated a Fourth Amendment victory when their case was dismissed as result of the hard work of third-year law students Christopher Piel and Holly Benson with supervision from professor Jacob Worlow (J.D. '15), the clinic director.

The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures by the government. It mandates that warrants be issued only upon probable cause, supported by oath or affirmation, and must specifically describe the place to be searched and the items to be seized. The case reinforced the protections granted by U.S. citizens pursuant to the Fourth Amendment.

In the case, the client sought assistance from police with ongoing noise violations, late night partying and trespassing by neighbors at her apartment complex. On arrival, police asked neighbors and their guests for identification and instructed them to limit the partying to their side of the building. The neighbor, frustrated that the client stood up for herself when she called the police, said he wanted the client removed from his side as well. Police told the client she must produce identification even though she had identified herself when she called the police.

When the client declined, the police officer told her to show an ID or she would be arrested. She was also told to put her 4-year-old daughter to bed. When the client turned away from the doorway to put her child to bed, the police officer reached into her apartment and grabbed her, perhaps believing she would not return after putting her daughter to bed. When she tried to retreat into her apartment, the office followed her into her private residence and arrested her. The client was charged with obstruction of government operations and refusal to submit to arrest.

After investigation, the clinic team felt the client had viable argument and that both charges should be dismissed on separate Fourth Amendment grounds. Initially, the prosecutor rejected the Fourth Amendment arguments and pressed for trial. The UA Clinic team dug into the Fourth Amendment issues and began trial preparations. Piel spearheaded a high-level briefing and motion to dismiss the case, utilizing both state and federal authorities, including Brown v. Texas, 443 U.S. 47 (1979).

Worlow said both Piel and Benson prepped hard for trial, anticipating the need to try the case if the judge rejected the Fourth Amendment arguments at the pre-trial hearing. But just prior to time for the judge to call the case, the prosecutor asked to speak with the clinic team outside the courtroom. The prosecutor said after looking at the team's briefing, he decided there were no grounds to bring the case to trial and handed the team an order to dismiss all of the charges against the client.

"It's scary and motivating to have someone relying on me for the outcome," Piel said regarding the client. "It was surprising to have the case dismissed, but it was nice to tell the client that the charges were dropped."

"The client really appreciated how much time we put into the case," Benson said.

Piel said he found it exciting to apply what he has learned in law school to a live case. This was the second case he has worked on with the law school's clinic. "It was very illuminating, a come-to-earth moment," he added. "In class I am confident that I know the material, but can I apply it?"

Benson said it was great experience just seeing the case progress through the stages of briefs, motions and meeting with the client. "Interviewing is an art itself," she added, saying it was beneficial to have three minds working on the case as a team.

 "It's a completely different experience and the perfect place to learn the steps of the legal process," Benson said. "I would recommend working with the Legal Clinic to any student."

Piel reiterated that the legal clinic relieves the financial burden of hiring representation for a case so the community can receive legal assistance and have legal options instead of taking a plea deal that might not be in their best interest.

"I've enjoyed working with the legal clinic a lot," Piel said. "I'm so thankful that we have a clinic. It's rewarding to help someone firsthand. It puts everything in perspective."

The U of A School of Law Legal Clinic gives students hands-on skills training by representing real clients in real-life legal situations and to provide a much-needed service to the Northwest Arkansas community. The Legal Clinic includes the Civil Litigation and Advocacy Clinic, Criminal Practice Clinic, Human Trafficking Clinic, Immigration Clinic, and Community and Rural Enterprise Development Clinic.

The Criminal Practice Clinic represents clients charged with misdemeanors and simple felony charges. In 2023, Worlow, a 2015 School of Law graduate, returned to the school as a visiting professor to handle a backlog of cases in the Criminal Practice Clinic.

"It's been an honor and a joy to return to this law school, where, as a student, I was so fortunate to learn so much from such great people, and reconnect," Worlow said. "I've gotten to work with students on some really important issues in some really tough cases. I think lawyers have a responsibility to stand up for the dignity and freedom our Constitution promises to the citizens of this country.  When we discharge this responsibility ably, things are better for everyone, and when we fail to do so, things start to slip."

Worlow continued, saying, "In this case, two law students, Christopher Piel and Holly Benson, served their community for the better by reasonably, respectfully and righteously asserting the Fourth Amendment on their client's behalf. The prosecutor, after having an opportunity to reflect, responded appropriately by dropping the charges. I believe local law enforcement will as well by ensuring officers understand area residents' privacy rights. This result is one small example of the work I have seen these clinics perform during my time here. Working alongside the law school's other clinicians, Annie Smith, Amelia McGowan and Peter Norman, as well as Audrey Briggs and Mark Drummonds, and all our incredible student-attorneys — it's been a pleasure. I've never been prouder to have graduated from the University of Arkansas School of Law, and I look forward to seeing whoever follows me take things to the next level."