Search & Seizure
- State v. Fredricks, 2010 Ore. App. LEXIS 1293 (11/3/10) (loud argument in motel room insufficient, without more, to justify warrantless entry into room under emergency aid doctrine)
- United States v. Gross, 2010 U.S. App. LEXIS 21478 (6th Cir. 10/19/10) (discovery of valid arrest warrant didn’t dissipate taint of illegal stop: “We … hold that, where there is a stop with no legal purpose, the discovery of a warrant during that stop will not constitute an intervening circumstance.” There appears to be an intractable split of authority now, making this a very cert-worthy issue. Some of the earlier cases on the point collected here.)
- Stephen R. Sady, DEVELOPMENTS IN FEDERAL SEARCH AND SEIZURE LAW (9/10) (well-organized survey of recurrent principles; emphasis on CTA9 caselaw).
- Angad Singh, Stepping out of the Vehicle: The Potential of Arizona v. Gant to End Automatic Searches Incident to Arrest Beyond the Vehicular Context, 59 Am. U. L. Rev. 1759 (2010) (“This Comment concludes that Gant’s retraction of the search incident to arrest power may serve to end, or at the least severely undermine, automatic searches of containers on the person and homes incident to arrest.”)
Miranda
- Dead letter? Good riddance? An academic debate re: impact of Berghuis v. Thompkins.
- The prolific Michael D. Cicchini has his own ideas about improving the warnings.
Legal Writing
- The gentle art of persuasion. What judge wouldn’t want to be called an “ass clown” or “slimeball”? Is the guy a lawyer? Apparently not, though he does claim to have a law degree. Good luck with the petition.
- Plagiarism. Public reprimand for “wholesale copying of seventeen pages of material. Such massive, nearly verbatim copying of a published writing without attribution in the main brief, in our view, does amount to a misrepresentation that violates our ethical rules.” But: counsel’s candor in acknowledging error helps reduce sanction from recommended 6-month suspension.
