Monday, November 8, 2004
The Supreme Court will hear oral arguments today in two criminal cases.
In Devenpeck v. Alford, the issue presentend is whether a police officer violates the 4th Amendment when he arrests a suspect citing an offense for which he does not have probable cause, if the officer does in fact have probable cause to arrest based on another offense that is not closely related to the offense articulated to the suspect. For more, click here.
In Shepard v. U.S., the issue is whether in a case in which the defendant has previously pleaded guilty to a burglary charge brought under a nongeneric statute, the sentencing court imposing a mandatory minimum sentence under the Armed Career Criminal Act is bound by the categorical method of application enunciated in U.S. v. Taylor, 495 U.S. 575 (1990) or should instead conduct an inquiry – including an evidentiary hearing – into the facts underlying the conviction, to determine whether, in the guilty plea proceeding, both the defendant and the government believed that generic burglary was at issue? For more, click here.