With examples like “I Fought the Law” and “Lawyers, Guns, and Money,” music is replete with practical lessons about the law and legal system. Perhaps no genre more so than hip hop. In today’s blog, we take a short detour from our typical legal updates to see what hip hop teaches us about the law.
“Well my glove compartment is locked/So is the trunk in the back/And I know my rights/So you gon’ need a warrant for that”
– “99 Problems” by Jay-Z
We start with Jay-Z for an oft-quoted summary of the law of search and seizure. It is safe to say that Jay-Z’s interpretation of Fourth Amendment protection is overly broad. At the time Jay-Z told us about his 99 problems (and his famous non-problem), police had enormous discretionary power to search and arrest. Since then, the United States Supreme Court has held that the police may search the passenger compartment of a vehicle incident to an arrest (and without a warrant) only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search (wingspan weaponry) or that the vehicle contains evidence of the offense of the arrest. The court emphasized that the Fourth Amendment requires searches to be justified by concerns for officer safety or evidence preservation. Therefore, the police can potentially search the glove box (in furtherance of officer safety as it is within wingspan) or even a locked trunk (if the officer has probable cause that the trunk contains evidence of a crime and there are exigent circumstances making it impractical to obtain a warrant).
The lesson here? Don’t take legal advice from non-lawyers when it involves your civil liberties. Call a lawyer (and not an MC).
“You can’t rock all white if your white be looking dingy.”
– “Law” by Yo Gotti
Although Yo Gotti’s “Law” is mostly about the law of the street rather than a courtroom, he does teach us about one common thread in both. Equity. The amorphous concept of fairness that underlies our legal system. For instance, the doctrine of “unclean hands” is an equitable principle that bars a party from seeking a legal or equitable remedy if the party has engaged in misconduct related to the matter at hand. In pari delicto is a legal doctrine that prevents a party from recovering damages if they were equally at fault in the wrongdoing that led to the injury. Both are doctrinal embodiments of the old legal maxim – one who seeks equity must do equity.
The lesson here? Don’t come to court with the proverbial white hat seeking relief if your hat is dirty from your own deeds.
“Uhh, yeah, guilty until proven innocent huh?/That’s how we workin’ huh?/Okay”
– “Guilty Until Proven Innocent” by Jay-Z
While Jay-Z may not understand his Fourth Amendment rights, he does understand the concept of bias and how, from a practical perspective, that may impact the burdens of proof and persuasion. The “burden of proof” is a legal concept that refers to the obligation of a party in a case to prove their claims or defenses. The “burden of persuasion” refers to which party must convince the factfinder of their position and to what degree of certainty (“beyond a reasonable doubt” in a criminal case; “by a preponderance of the evidence” in a civil case). Jay-Z flips the correct recitation of the criminal burden of persuasion on its head as a commentary on a practical reality – factfinders (judge or jury) may have implicit bias that works against you.
The lesson here? Legal doctrines, which can be easily stated, do not exist in a vacuum. Our system still involves humans who have their own biases that can result in a misapplication of those easily stated doctrines, which leads us to the wisdom of Eminem.
“I just settled all my lawsuits. ([Expletive] you, Debbie)”
– “Without Me” by Eminem
Eminem, like any good lawyer, understands the value of a settlement. Litigation is expensive, time consuming, and risky. Setting aside the bias alluded to by Jay-Z, juries are unpredictable, and even the best judge can see things in unforeseen ways (or just plain get it wrong). Settlement avoids prolonged expenses and gives the parties control over the outcome that affects their lives. Settlement also reduces the stress that litigation can cause in personal lives or business operations. In a business setting, settlement can also maintain professional relationships in a way that litigation may destroy. Another benefit of settlement is privacy. Court proceedings are public and can expose sensitive information; settlement can be confidential to keep sensitive information private.
The lesson here? While you may want your “day in court,” you are potentially better served by resolving your dispute through settlement. However, be mindful of what you say about the settlement unlike Eminem. Many settlements include covenants that preclude commenting on the settlement or disparaging the other side (Eminem would probably be better off saying “I have no comment on Debbie other than ‘We settled our disputes.’”)
“I got a bag for lawyers/like ‘[expletive] your charges!’/Hop out of the courtroom, like, What charges’/Big pimpin’ on your court steps/Case y’all ain’t notice, I ain’t lost yet.”
– “I Got the Key” by DJ Khaled (featuring Jay-Z)
Having competent legal representation involved early and often in any legal setting (whether negotiating transactions or litigating disputes) is a critical component in your legal endeavors. Unfortunately, that comes at a cost, but as Jay-Z attests, it is the best way to ensure you happily dance down those courthouse steps.
The lesson here? Keep your lawyer involved in your operations, apprised of what you are doing and seeking to do, and have that bag ready. While we cannot guarantee a successful outcome, maintaining a close relationship with your lawyer is critical for business operations.
Matthew A. Klopp practices in complex commercial, construction, and appellate litigation, drawing on over 20 years of experience to provide strategic legal counsel for businesses and professionals.