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

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 � Self-defense � Corporate right to speedy trial 2

5/28/2015 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. 3

5/28/2015 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. 4

5/28/2015 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) 5

5/28/2015 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 6

5/28/2015 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. 7

5/28/2015 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 8

5/28/2015 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. 9

5/28/2015 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. 10

5/28/2015 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. 11

5/28/2015 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. 12

5/28/2015 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. 13

5/28/2015 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: � other 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. 14

5/28/2015 Final Thoughts 15