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SCOTUS this fall

By Karl R. Keys, Esq.

Via Harmful Error, SCOTUS preview October appears to the Search and Seizure and Federal Habeas Corpus Month at the Supreme Court. Criminal cases to be heard during October include the following: Tuesday, October 7 - Herring v. United States and Arizona v. Gant Herring presents the issue of whether the exclusionary rule should apply to evidence seized incident to arrest unlawful under the Fourth Amendment due to erroneous information negligently provided by another law enforcement agency. . Gant presents the issue of whether, under New York v. Belton, police may conduct a warrantless search of a car if its recently arrested occupant poses no threat to officer safety or preservation of evidence. Tuesday, October 14 - Pearson v. Callahan Pearson is a civil rights action which presents the issue of whether, for qualified immunity purposes, police officeres may enter a home without a warrant on the theory that the owner consented to the entry by permitting an undercover informant into the home...continue to full post

Full post as published by Capital Defense Weekly on September 09, 2008 (boomark / email).