Author Topic: New Search and Seizure Ruling  (Read 413 times)

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New Search and Seizure Ruling
« on: June 23, 2018, 03:05:48 am »
May 29th 2018

Supreme Court sets new limits on police searches

by Lydia Wheeler


The Supreme Court on Tuesday limited the scope of police searches, ruling that officers must have a warrant to go through a vehicle parked at a home or on its surrounding property.

In an 8-1 ruling, the court reversed a Virginia Supreme Court decision that found the Fourth Amendment’s automobile exception allows for warrantless searches of vehicles anytime, anywhere, including at a home or on its surrounding property, which is known as curtilage.

Citing court precedent in her majority opinion, Justice Sonia Sotomayor said a search within the meaning of the Fourth Amendment has occurred when a law enforcement officer physically intrudes on the curtilage to gather evidence.

“Such conduct as this is presumptively unreasonable absent a warrant,” she said.

She said the lower court ruling would grant constitutional rights to people with the financial means to afford residences with garages in which to store their vehicles, but deprive people without such resources any individualized consideration as to whether the areas in which they store their vehicles qualify as curtilage.





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http://thehill.com/regulation/court-battles/389697-supreme-court-sets-new-limits-on-police-searches

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Re: New Search and Seizure Ruling
« Reply #1 on: October 11, 2018, 09:59:07 am »
Thursday, 11th October 2018

Inslee statement regarding Supreme Court decision invalidating Washington's death penalty
by Tara Lee

"Today’s decision by the state Supreme Court thankfully ends the death penalty in Washington. The court makes it perfectly clear that capital punishment in our state has been imposed in an ‘arbitrary and racially biased manner,’ is ‘unequally applied’ and serves no criminal justice goal. This is a hugely important moment in our pursuit for equal and fair application of justice.”

In 2014, Inslee declared a moratorium on the death penalty in Washington state saying at the time it was clear to him that use of capital punishment is inconsistent and unequal.







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https://www.governor.wa.gov/news-media/inslee-statement-regarding-supreme-court-decision-invalidating-washingtons-death-penalty

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Re: New Search and Seizure Ruling
« Reply #2 on: January 15, 2019, 02:18:21 pm »
Tuesday, 15th January 2019

Supreme Court says minimal force can raise minimum sentence for 'violent' criminals
by Richard Wolf

(WASHINGTON) – The Supreme Court issued its first closely divided ruling of the 2018-19 term Tuesday, but not along strict ideological lines.

Clarence Thomas wrote the 5-4 decision, in which the court upheld a heavy criminal sentence for a defendant whose robbery conviction included the potential of force. Associate Justice Stephen Breyer joined four conservatives in the majority.

Associate Justice Sonia Sotomayor wrote the dissent, which Chief Justice John Roberts joined. She belittled the majority's definition of force with a reference to her own recent shoulder replacement surgery.

"As any first-year torts student (or person with a shoulder injury) quickly learns, even a tap on the shoulder is 'capable of causing physical pain or injury' in certain cases," she said.

The case – the first one heard by Associate Justice Brett Kavanaugh, who joined the majority opinion – focused on the much-maligned Armed Career Criminal Act, a 1984 law that sets a 15-year minimum sentence for gun crimes if the defendant has three or more serious or violent felony convictions.

An armed Denard Stokeling was arrested in Florida for burglary in 2015. He had three 1997 felonies on his record, including one for unarmed robbery. In Florida, robbery does not need to include violent force.

During oral argument, various justices wondered how much force should be necessary to qualify under the ACCA. Some noted that the higher threshold Stokeling sought would exempt crimes that actually hurt people in a majority of states.

At one point, Sotomayor pinched Associate Justice Neil Gorsuch to suggest that a pinch might be sufficiently painful.

Other justices worried that the lower standard backed by the federal government would subject purse-snatchers, shoplifters and pickpockets to 15-year prison sentences if they committed a single crime with a gun.

In his majority opinion, Thomas said a robbery qualifies as sufficiently violent if it "requires the criminal to overcome the victim's resistance."

"Robbery that must overpower a victim’s will – even a feeble or weak-willed victim – necessarily involves a physical confrontation and struggle. The altercation need not cause pain or injury or even be prolonged," Thomas said.

In her dissent, Sotomayor argued that Thomas's standard "can mean essentially no force at all .... For example, the force element of Florida robbery is satisfied by a pickpocket who attempts to pull free after the victim catches his arm."

"A robbery statute that sweeps as broadly as Florida’s does not qualify as an ACCA predicate," Sotomayor said.




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https://www.msn.com/en-us/news/us/tap-pinch-pull-supreme-court-says-minimal-force-can-raise-minimum-sentence-for-violent-criminals/ar-BBShUcO?ocid=spartanntp

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Re: New Search and Seizure Ruling
« Reply #3 on: February 16, 2019, 12:35:41 am »
Saturday, 16th February 2019

Maryland judge overturns $37 million awarded to family of woman killed in police standoff
by Amir Vera and Elizabeth Joseph


A judge has overturned a more than $37 million verdict awarded to the family of a woman killed in an armed standoff with Baltimore County police.

Korryn Gaines, 23, was shot and killed in August 2016 after an hours-long standoff with police in Baltimore County.

She was trying to livestream the encounter with police, authorities said at the time.
 
Her son, Kodi, then 5, also was shot twice, said Kenneth Ravenell, an attorney for the child and his father, Corey Cunningham.

In an opinion obtained by CNN affiliate WBAL-TV, Baltimore County Circuit Court Associate Judge Mickey J. Norman said Cpl. Royce Ruby, who court documents say shot Gaines twice, was "entitled to qualified immunity."

This means that because Ruby was acting in his capacity as a police officer, he is "shielded from liability for civil damages" as long as his conduct didn't violate a person's constitutional rights.

"The evidence is clear," Norman's opinion read.

"This Court has found that Corporal Ruby is entitled to qualified immunity and therefore, his shooting of Gaines was not unlawful."






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https://www.msn.com/en-us/news/us/maryland-judge-overturns-dollar37-million-awarded-to-family-of-woman-killed-in-police-standoff/ar-BBTEUmC?ocid=spartanntp