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Articles Posted in United States Supreme Court

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Qualified Immunity case before the United States Supreme Court may help

Can a person be convicted of homicide despite having no weapon, no intention, and no reason to kill a co-conspirator? The United States Supreme Court may decide this in the case of City of Hayward v. Jessie Lee Jetmore Stoddard-Nunez.  On March 2nd, 2017, Jessie Stoddard-Nunez and his younger brother Shawn…

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Is Observing a Phone’s Notifications a “Search” Under the Fourth Amendment? Supreme Court May Decide.

A sex abuse and Fourth Amendment case is currently pending before the United States Supreme Court. In the case of Ohio v. Deuble, undercover officers viewed a defendant texting on his phone and observed the notifications on the phone to use as cause to arrest the defendant. This case asks…

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Prison Medical Abuse Case Pending Before the United States Supreme Court

Prison Medical Abuse Case Pending Before the United States Supreme Court The United States unfortunately has one of the highest prison populations in the entire world. With our large prison population, especially in the midst of the COVD-19 pandemic, health issues in prison are very common. But what happens when…

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Are Body Cavity Searches a Violation of the Fourth Amendment?

The Fourth Amendment protects against government intrusion in the home and provides for a reasonable expectation of privacy. But does this protection extend to the most intimate areas of a person’s body? The case of Brown v. Wisconsin is pending before the Supreme Court and looks at the issue of…

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Racial Basis in Jury Selection Case May Be Decided by SCOTUS

Peremptory challenges are an essential tool used by trial lawyers.  They allow an attorney to object to a proposed juror during selection without giving a reason or justification.  However, when peremptory challenges are coupled with racial bias, dangerous results can occur.  The case of Miles v. California is pending before…

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Can a police officer search a person’s criminal record during a traffic stop under the 4th Amendment?

The Fourth Amendment protects people from unreasonable intrusion and promises that citizens will not have their “persons, houses, papers, and effects, against unreasonable searches and seizures.”    Carlisle v. Kentucky asks the question of whether courts can adopt a categorical rule allowing law enforcement to prolong every traffic stop by…

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First Amendment Issue Regarding Trump’s Twitter Account Pending Before United States Supreme Court

Donald Trump is soon leaving office, but there is a case that the United States Supreme Court may hear concerning whether the President has a right to block people on Twitter.  Donald Trump v. Knight First Amendment Institute at Columbia University is a case that concerns the president blocking people…

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Does the Community Care Taker exception allow police to enter the home without a warrant under the 4th Amendment?

The Community Care taker Exception to the Fourth Amendment allows police officers to make warrantless search when the purpose of the officer to to help the public and not look for evidence of criminal activity.  A case pending before the United States Supreme Court, Caniglia v. Strom, asks the question…

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What Warnings are required under Miranda to be addressed in case before the United States Supreme Court

Criminal Defendants are required to be given Miranda warnings prior to any custodial interrogations being used against them in court.  What happens when these warnings deviate from the requirements that the United States Supreme Court set forth in Miranda v. Arizona.  A case pending before the United States Supreme Court,…

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United States Supreme Court Rules in Favor of Inmate; Denies Officers Qualified Immunity

  The United States Supreme Court in favor of an inmate in Taylor v. Riojas, a decision that was issued yesterday. What happened in Taylor? Texas inmate Trent Taylor was subjected to inhumane conditions in his Texas jail cell, after being committed to the unit following a suicide attempt.  The…

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