CRIMINAL LAW AND PROCEDURE: AN UPDATE OVERVIEW Fourth Amendment - - PDF document

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5/28/2015 CRIMINAL LAW AND PROCEDURE: AN UPDATE OVERVIEW Fourth Amendment Sixth Amendment Confrontation Clause 1 5/28/2015 Death Penalty Death Penalty: Kansas Cases Lethal Injection Kansas Cases Pleas and waivers

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CRIMINAL LAW AND PROCEDURE: AN UPDATE

OVERVIEW

Fourth Amendment Sixth Amendment – Confrontation Clause

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Death Penalty

Death Penalty:

Kansas Cases Lethal Injection

Kansas Cases

Pleas and waivers Self-defense Corporate right to speedy

trial

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FOURTH AMENDMENT Rodriguez v. United States

Page 1 Car stop – officer observed Rodriguez swerve onto

shoulder and back again.

Rodriguez told officer he swerved to miss a pothole.

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Traffic Stops

Purpose of traffic stop is to enforce traffic laws.

Not general crime detection.

Officer safety.

Dog sniff cannot be justified on this basis.

Dog Sniff

Traffic stop was completed. Officer did NOT consider Rodriguez “free to leave.” Rodriguez says No to dog walking around car. Drug dog is walked around car.

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What’s the answer to the issue?

Absent reasonable suspicion, extension of a

completed traffic stop to conduct a drug dog sniff is an unreasonable seizure and violated the Fourth Amendment.

Reasonable Suspicion

Court sends the case back to the Eighth Circuit for a

determination of whether the dog sniff was supported by individualized suspicion.

Magistrate and district courts had said not supported. Eighth Circuit did not consider issue.

5-4 decision. Reasonableness. Illinois v. Caballes (2015)

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Heien v. North Carolina

P. 2

Car stop – broken brake light.

In NC, turns out, only need one working brake light. Or there’s

ambiguity in the statute. Consent to search Cocaine found Mistake of law was “objectively reasonable” and

could support reasonable suspicion.

SEARCH INCIDENT

Page 2

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Riley v. California

P. 2

Rationales for search incident to arrest exception to

warrant clause:

Officer Safety Destruction of Evidence

Officer Safety

Data can’t hurt you.

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Destruction of evidence

Remote wiping of data on cell phone Encryption Court: 1. no evidence that either is occurring

frequently.

2. Can be prevented. Faraday bag. Battery out.

Sixth Amendment: Confrontation Clause

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Crawford v. Washington (2004)

Police interrogations Police questioning at the scene 911 calls Exigent circumstances (gun) Lab reports

Clark v. Ohio (argued in March)

P. 3

Child discloses identity of abuser to head start

teacher.

Teacher is a mandatory reporter. At trial, child declared incompetent.

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Analytical issues

Person asking questions Primary purpose Whose intent, anyway? Solemnity

Death Penalty: Current Considerations

Eighth Amendment requirements: Page 5-6

1. Murder + one (or more) aggravating

circumstance

Genuinely narrow those defendants exposed to

DP

Not apply to every murder

2. Individualized sentencing

Jury considers relevant mitigating evidence.

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Kansas Statutes

1. Narrow def’n of capital murder. Pages 6-7
2. Sentencing proceeding Pages 7-9

Further aggravating factor must be found. Defendant presents mitigating evidence Jury weighs

Kansas cases pending in US SCT

Two issues: Severance of penalty phase proceedings for

defendants tried jointly.

Jury instruction issue relating to mitigating

circumstances.

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Kansas Cases

Pleas and waivers Self-defense Corporate right to speedy

trial

State v. R.D. Carr

P. 13

Expert testimony on eyewitness identification no

longer automatically excluded.

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State v. Hardy (2015)

P. 14

Petition for Review is pending. Procedures for considering a claim of self-defense

immunity.

State v. Spencer Gifts, LLC (2015)

P. 14

Petition for review pending. (M4 Rehearing/Mod.

was denied)

Summons issued to SG on October 10, 2010. Trial set for February 14, 2014.

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Spencer Gifts, cont.

Before trial, SG filed Motion to Dismiss on statutory

speedy trial grounds.

State argued – no appearance bond, no speedy trial

requirement.

SG Holding

Court of Appeals:

ther cases support speedy trial rights of criminal defendant

with no appearance bond.

SG faced financial penalties for failure to appear. Constitutional speedy trial rights applied to corporations.

Statutory Speedy trial rights apply to corporations.

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