Wednesday, November 10, 2004
The Supreme Court will hear oral argument today in two important criminal cases.
In Illinois v. Caballes, a police officer used a narcotics canine during a routine traffic stop for speeding. When the canine alerted to the presence of drugs, the driver was arrested. At issue is whether reasonable suspicion is necessary before an officer may employ a canine sniff during a routine traffic stop. For more click here.
In Goughnour v. Payton, the question presented is: "Did the 9th Circuit violate 28 U.S.C. 2254(d) when it found the California Supreme Court objectively unreasonable in holding that California’s "catch-all" mitigation instruction in capital cases is constitutional as applied to post-crime evidence in mitigation?" For more details, click here.