Constitutional Law Criminal Law

Latest Warrant Decision by SCOTUS Ignores Reality

The Supreme Court ruled on Monday that evidence found by police officers after illegal stops may be used in court if the officers conducted their searches after learning that the defendants had outstanding arrest warrants. Justice Clarence Thomas, writing for the majority in the 5-to-3 decision, said such searches do not violate the Fourth Amendment […]

Constitutional Law Criminal Law Litigation

NY Appellate Court: Police Had No Right To Arrest Person Who Fled

In marking a clear difference between what’s enough to stop a suspect and what’s enough to justify an arrest, the Fourth Department, the State appellate court covering Upstate NY, overturned a conviction based on the guilty plea of one Belton Lee. People v. Belton Lee 2013 WL 5496151 (4th Dep’t 2013). Two Canandaigua police officers […]

Constitutional Law Litigation

Supreme Court Rules Police Attachment of GPS to Car Requires Warrant

Today the Supreme Court in United States v. Jones decided that the District of Columbia’s Police Department’s attachment of GPS device to a suspected drug dealer’s car without a proper warrant violated the Fourth Amendment’s prohibition against unreasonable search and seizures. In overturning the conviction of Antoine Jones, who had received a life sentence for […]