by Marc Neff
Third Circuit Grants a New Trial in Drug Distribution Case
In Unites States v. Terrell Davis, Police arrested Terrell Davis after finding him in a Jeep with nearly a kilo of cocaine in the backseat. The arrest led to a conviction for possession with intent to distribute. As evidence that Davis recognized the cocaine in the Jeep, the government proved at trial that he had two prior convictions for possessing cocaine. However, the government never...
by Marc Neff
Seventh Circuit Reiterates the Importance of a Suspect Invoking Right to Counsel
In United States v. Hunter, officers stopped a truck after they witnessed occupants apparently engaging in a drug deal. Hunter fled from the passenger seat with something resembling a gun in his hand. Officers ordered Hunter to stop, but Hunter continued to run. The officers heard a gunshot and fired at Hunter, striking him in the left buttock and in the foot. Hunter fell to the ground and was...
by Marc Neff
Another Strong Affirmation of the Fourth Amendment’s Protections
In United States v. Black, No. 11-5084 (3:10-cr-00206-MOC-1) (Feb. 25, 2013), two officers in Charlotte began to follow a car as it left a gas station. The driver, Dior Troupe, parked and joined a group of five other men, including Black, standing and talking in the parking lot. After calling for backup, in order to make “voluntary contact,” the officers approached the men, one...
by Marc Neff
Supreme Court of the United States says: The Holding of Padilla v. Kentucky Will Not Apply Retroactively
In United States v. Chaidez, No. 11–820, (February 20, 2013). The Supreme Court of the United States held that it’s earlier decision in Padilla v. Kentucky, holding that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively to cases already final on direct review. Roselva Chaidez came to the United...
by Marc Neff
Police Need Probable Cause to Seize Someone Who Has Left The Immediate Vicinity of a Place Where a Search Warrant is Being Executed
In Bailey v. United States, the Supreme Court of the United States held that the rule of Michigan v. Summers (1982), which permits the detention of persons found on the premises during the lawful execution of a search warrant, does not extend beyond the premises’ immediate vicinity. In Bailey, police officers saw Bailey leaving an apartment shortly before they planned to execute a search...
by Marc Neff
Third Circuit Rules that Contraband Found in Shared Cell is Sufficient to Warrant Loss of Good Time Credits
In Denny v. Schultz, No. 11-1450 (3d Cir. Feb. 15, 2013), the Third Circuit considered the question of what limit the Due Process Clause places on the constructive possession theory in the prison context. Inmate Denny shared a cell with one other inmate. During a routine search of the cell, a corrections officer found two metal shanks located in the duct work of a ceiling vent. The duct was...
by Marc Neff
Police Can Record Video Inside Your Home Without A Warrant
In United States v. Wahchumwah, 2012 U.S. App. LEXIS 24296 (9th Cir. Nov. 27, 2012), Defendant contended that his Fourth Amendment rights were violated when an undercover agent who was invited into his home used a concealed audio-video device to record an illegal transaction defendant conducted in his home. United States Fish and Wildlife Service agents began an undercover investigation of...
by Marc Neff
Court Grants Motion to Suppress Based on Warrantless Search Where No Exigent Circumstances Existed
In United States v. Delgado, 2012 U.S. App. LEXIS 24549 (7th Cir. Nov. 29, 2012), Appellant’s convictions for being a felon in possession of a firearm and possession of an unregistered firearm were the result of police officers’ warrantless search of his apartment. On December 29, 2010, a Milwaukee police officer responding to a report of gunshots near the 1900 block of South 12th...
by Marc Neff
What You “Need to Know” to Help Make Meth
In United States v. Munguia, 2012 U.S. App. LEXIS 24294 (9th Cir. Nov. 27, 2012), Appellant was charged with drug conspiracy and possession. She was alleged to have purchased a significant amount of pseudoephedrine at the direction of one of her co-defendants. Pseudoephedrine is a common ingredient in many over-the-counter cold medications, including Sudafed, Claritin-D, and similar...
by Marc Neff