CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Saturday, March 19, 2011

Next week's criminal law/procedure oral arguments

Issue summaries are from ScotusBlog, which also links to briefs and opinions below:

Monday, March 21

  • Davis v. US: Ordinarily, prosecutors may not use evidence at trial if the evidence was obtained in a way that violated the suspect’s right to be free from unreasonable searches and seizures under the Fourth Amendment. The Court has recognized a “good faith” exception to this “exclusionary rule.” Does the good faith exception apply when a search was lawful under the cases at the time the search occurred, but by the time of the trial the law has changed and made clear that the search was unlawful?
  • Tolentino v. New York: Whether pre-existing identity-related governmental documents, such as motor vehicle records, obtained as the direct result of police action violative of the Fourth Amendment, are subject to the exclusionary rule?

Wednesday, March 23

  • Turner v. Rogers: Whether an indigent defendant has a right to court-appointed counsel when faced with being sent to jail for violating a state court order, and whether this is the kind of case that the Supreme Court can consider.
  • J.D.B. v. North Carolina: Criminal suspects are entitled to Miranda warnings if they are questioned while in police custody. A person generally is considered to be “in custody” if a reasonable person in the same circumstances would believe that he was not free to leave. The question is whether courts should consider the age of a juvenile suspect in deciding whether he is in custody for Miranda purposes.

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