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A North Carolina program of monitoring sex offenders by GPS needs closer judicial scrutiny, the Supreme Court ruled Monday.
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In a series of cases, the court has upheld searches and seizures made by officers who were mistaken in their understanding of the facts they confronted, or as to the law to be applied.
Read More →Writing for the court, Chief Justice John Roberts noted that the keystone of the Fourth Amendment ban on unreasonable search and seizure is the word "unreasonable." And in this case, the officer's belief that having a broken tail light was illegal counted as a reasonable mistake. The traffic stop and the subsequent consensual search of the car were therefore also reasonable.
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The 1989 case of Graham v. Connor is an example of how the actions of one officer can start a process that establishes law. Using the Graham standard, an officer must apply constitutionally appropriate levels of force based on the unique circumstances.
Read More →The Supreme Court opened its new term Monday pondering whether a police officer's misunderstanding of the law can justify a traffic stop that led to the seizure of illegal drugs.
Read More →The California Supreme Court upheld the death sentence for a man convicted of the 1997 murder of a Los Angeles County Sheriff's Deputy, ruling that the gang member murdered the victim as an act of retaliation.
Read More →The old rules, Chief Justice Roberts said, cannot be applied to “modern cellphones, which are now such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy.”
Read More →The Supreme Court on Monday deemed "straw" purchases of firearms illegal, delivering a huge win to advocates of stricter gun controls. The case, Abramski v. United States, centered on a former police officer who bought a Glock 19 handgun for his uncle.
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A January 2008 in-custody death could get a SCOTUS review. This would be the court’s first look at police use of stun guns after turning away appeals from both recipients of the high-voltage shocks and from police officers.
Read More →The Supreme Court on Tuesday, will hear cases involving search of personal cell phones incident to arrest.
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