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Vol. 36 No. 5 Sep / Oct 2007
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Highlights of This Issue

United States Supreme Court Action

  • Wrap-Up of 2006-2007 Term Miscellaneous Cases
  • Employment Discrimination Title VII
  • Crimes Attempted Burglary
  • Death Sentence Right to a Hearing on Competency

Federal and State Decisions

  • Arrest, Search and Seizure Issues: arrest warrant execution; entry into house; warrantless arrest; probable cause; smell of gun powder residue; license plate check is not a "search"; driver's momentary stop for police and then speeding away was not a "seizure"; probable cause for search of drug dealer's home; effect of illegally seized evidence in search warrant application; failure to follow inventory policy was fatal; police threat to secure premises for a search warrant was not psychological pressure to consent; use of false name was not abandonment of package
  • Interrogation Issues: execution of search warrant at house was "custody"; hospital interview was not "custody"; right to silence can be invoked after initial waiver; non-deliberate two-stage questioning process approved; Spanish-speaking defendant adequately waived rights; police promises made after defendant confessed did not affect waiver of rights
  • Crimes; Evidence; Defense Issues: drug forfeiture of innocent spouse's interest in house was not warranted; lineup after a photo array was not suggestive; police have no duty to take notes during investigation but have obligation to disclose exculpatory evidence; police officer's reference to a "snitch" did not cause a mistrial for double jeopardy purposes; "dogged persistence" of police informer was not entrapment
  • Trial Procedure Issues: reference to police defendant's oath to uphold the law; police witness could combine "fact" and "expert" testimony; police officer could testify to shooting victim's statements
  • Civil Liability/Personnel Law Issues: use of a "twist lock" was a constitutional violation; informer's invitation to police to enter a house was invalid; strip search of restrained defendant was constitutional; police officer had duty to prevent beating by another officer; no liability for officer's striking pursued motorcyclist; no police liability for pursuit accident even though department policy was violated; failure of police to reveal exculpatory evidence was basis for civil rights liability; sheriff not liable for mentally ill detainee's death; assigning female officer to night watch duty was not gender discrimination where based on perceived administrative need


United States Supreme Court
Arrest, Search and Seizure
Crimes; Evidence; Defenses
Trial Procedure
Civil Liability / Personnel Law
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