Around the Nation

Criminal Law Practitioner Volume 2 Issue 2 Article 2 2015 Around the Nation Jonathan Yunes American University Washington College of Law Follow this and additional works at: https://digitalcommons.wcl.american.edu/clp Part of the Courts Commons, and the Criminal Law Commons Recommended Citation Yunes, Jonathan (2015) "Around the Nation," Criminal Law Practitioner: Vol. 2 : Iss. 2 , Article 2. Available at: https://digitalcommons.wcl.american.edu/clp/vol2/iss2/2 This Article is brought to you for free and open access by Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Criminal Law Practitioner by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact . Yunes: Around the Nation THE NATION Supreme Court 213(e), a bank robber forces an ers the burden of proof for malice, and defined malice as "evil purpose or motive." individual to accompany him - Rodriguez o United States, No. when he forces that person to go somewhere with him, even 13-9972, slip op. (Apr. 21, 2015). - United States . Starks, 769 Without reasonable suspicion, if it is just a short distance. F.3d 83 (ist Cir. 2014). In anothpolice cannot extend a traffic The Court reasoned that the er Judge Thompson opinion, stop to conduct a dog sniff. severity of the penalty does the First Circuit ruled that an After being issued a warning not require that the person is unlicensed and unregistered for a traffic violation, Mr. Ro- moved a substantial distance driver of a vehicle has standdriguez refused to consent to since the danger of forced ing to challenge the lawfulness a dog sniff The police officer movement does not change of a search. In United States v. then detained Mr. Rodriguez with the distance travelled. Starks, the district court denied for eight minutes until the dog - Grady v North Carolina, No. Starks' motion to suppress for alerted the officer to drugs op. (Mar. 3o, 2015). lack of standing. Starks was in the vehicle, and the officer 14-493, slip driving his son's girlfriend's found methamphetamine. The In Grady . North Carolina, convicted of tak- rental car, but had no license. Supreme Court held that the Grady was indecent liberties with a The court remanded the case extended stop was an unrea- ing for an evidentiary hearing. sonable search and seizure child. Following his sentence, to wear a under the Fourth Amend- Grady was ordered GPS bracelet as a penalty for ment. Justices Kennedy, 2 nd offendsex a recidivist being Thomas, and Alito dissented. er. The Court ruled that this - UnitedStates c Raymonda, 78o - Heien . North Carolina, 135 constitutes a Fourth Amend- F.3d io5 (2d Cir. 2015). Viewing S.Ct. 53o (2014). The Supreme ment search, but remanded 76 images of child pornograCourt ruled that a mistake of for a determination on the phy over a period of seventeen law could give rise to reason- reasonableness of the search. seconds does not, by itself, show that a person deliberateable suspicion. The Court held the that officers did not violate ly or willfully accessed the images. Importantly, the evidence Fourth Amendment when they established that the defendant conducted a traffic stop pursuhad not clicked on any thumbant to a mistaken interpretation 1s' nails to view the full-size imof the traffic laws. The Court - United States . Gray, 780 mistake ages. The Government needed equated a reasonable E3d 458 (Ist Cir. 2015). Judge to show that the suspect was of law with a reasonable misThompson penned a fun opinan intentional collector betake of fact to conclude that ion in United States . Gray. a reasonable mistake of law cause law enforcement sought Gray appealed her conviction the warrant nine months afis not inconsistent with reafor "willfully and maliciously" sonable suspicion. The Court ter the images were accessed. making a fake bomb threat stressed the importance of imThe Government meets this on a plane in violation of 49 burden when it establishes plementing an objectively reaU.S.C. § 46507(i). The First that the person deliberately or sonable standard to prevent Circuit found reversible error willful ignorance of the law. willfully accessed the images. in the lower court's definition The warrant was not support- Whitfield c United States, No. of malice, which required "evil ed by probable cause because 13-9026, slip op. (Jan. i3, 2015). purpose or improper motive. the Government failed to meet The unanimous Court ruled The Court of Appeals found its burden; however, the court that, for purposes of 18 U.S.C. § that improper motive low- held that the evidence should Circuit Circuit Courts Circuit Published by Digital Commons @ American University Washington College of Law, 2014 6 Washingion College of Law Summer 2oj5 1 Criminal Law Practitioner, Vol. 2 [2014], Iss. 2, Art. 2 BY JONATHAN YUNES not be suppressed because the officer relied in good faith on a magistrate's warrant. 3 rd Circuit - Chacez-Alarez c. AG United States, No. i4-i630o, 2015 U.S. App. LEXIS 6189 (3d Cir. Apr. 16, 2015). The Board of Immigration Appeals (BIA) committed legal error when it held that a general sentence of eighteen months for committing five crimes makes an alien deport- able under 8 U.S.C. § 1227(a)(2) (A)(i)(II) (committing a crime of moral turpitude for which the sentence is one year or longer makes an alien deportable). The Court of Appeals for the Third Circuit held that the Government failed to prove by clear and convincing evidence that any crime resulted in a sentence of one year or more. 4 th Circuit - Lee . Clarke, No. 1 3 -7914, 20i 5 U.S. App. LEXIS 4573 (4th Cir. . Mar. 20, 2o5). The Court of Appeals for the Fourth Circuit sustained an ineffective assistance of counsel claim. In Lee Clarke, the court held that Defendant's trial lawyer's failure to request a jury instruction for the definition of heat of passion since there was ample evidence that suggested heat of passion. The court found prejudice and remanded the case for further proceedings. 5 th Circuit - Trent( Wade, 7 76 F3d368 (5th Cir. 201 5 ). In Trent v, Wade, the Fifth Circuit held that the district court had correctly denied a police officer's claim of qualified immunity arising from the officer's entry into a home without first knocking and announcing because the officer's hot pursuit of a family member was not a per se exception to the knock and announce requirement. The officer was entitled to qualified immunity with respect to his warrantless seizure of an ATV on the premises because he did not States . Grady, the Court of Appeals for the Seventh Circuit adopted the Fourth and Eleventh Circuits' definition of malicious in the context of arson. There, the court defined malicious as "[acting] intentionally or with deliberate disregard of the likelihood of damage or injury will result." 8 th Circuit - UnitedStates c Thurmond, No. I4-1944, 2015 U.S. App. LEXIS 5932 (8th Cir. (...truncated)