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Criminal Law

: Fourth Amendment

Yesterday's SCOTUS oral arguments

By John Wesley Hall, Jr.

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Yesterday's cases, from SCOTUSBlog: The transcript of today’s argument in Herring v. United States (07-513) with links to the briefs, is now available here. The issue in Herring: Whether the exclusionary rule should apply to evidence seized incident to an arrest unlawful under the Fourth Amendment due to erroneous information negligently provided by another law enforcement agency. The transcript of today’s argument in Arizona v. Gant (07-542) with links to the briefs, is now available here. The issue in Gant: Whether, under New York v. Belton (1981), police may conduct a warrantless search of a car if its recently arrested occupant poses no threat to officer safety or preservation of evidence. More to follow...

Full post as published by Fourth Amendment on October 08, 2008 (boomark / email).

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