Today marks the 41st anniversary of the landmark decision of South Dakota v. Opperman[1][2] in which the Supreme Court laid out the basis for what would be known as the Inventory search exception to the warrant requirement of the fourth amendment. This decision has allowed for a dramatic expansion in the number of warrantless searches the State can conduct.

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The Case

The case that made up the basis of Opperman was surprisingly mundane, and yet indicative of the kind of cases that would be affected by this landmark ruling. In the early morning hours of December 10th, 1973, Mr. Opperman’s car was found illegally parked in downtown Vermillion, South Dakota. Pursuant to police procedures, the officers impounded the vehicle. However, as the officers impounded the car, they noticed a number of valuable items strewn about the interior of the vehicle. The officers, fearing that the items could be stolen opened the vehicle and inventoried the items inside of it. While searching the interior of the vehicle, the officers found a small amount of marijuana located in the glovebox. When Mr. Opperman came to the police station to retrieve his vehicle the following day, he was arrested on the spot for possession of marijuana.

In September of 2016, police in California began an expansive field test of a new generation of marijuana intoxication detection technology. Similar to an alcohol breathalyzer, California is pioneering a new device designed to detect if the subject has ingested THC recently.[1] Built and distributed by Hound Labs[2], the unit is billed as a duel marijuana and alcohol breathalyzer. Feedback from law enforcement has proved positive.

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The development of technologies such as the hound highlight the growing need of a standardized and clear way to measure impairment in diving caused by marijuana. With twenty-nine states with robust medical marijuana programs, forty-four states with some form of medical marijuana, eight states with recreational marijuana, and six more states poised to vote in November 2018, the need to judge the intoxication of drivers on marijuana becomes more and more pressing.

Prior Technologies

Today marks the 3rd anniversary of the landmark decision in Riley v California in which the Supreme Court unanimously held that a warrantless search and seizure of the digital contents of cell phones during an arrest is unconstitutional.

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The Cases

The cases that eventually became the basis of the decision in Riley v. California[1] are interesting to say the least, and highlight why a Supreme Court decision on the matter was vital in settling the question of the constitutionality of these warrantless searches.

The consequences of a conviction have both short and long term collateral consequences for those arrested depending on the nature of the crime, the age at which the crime occurred, and whether it is a repeat offense. The long-term repercussions of a conviction, or guilty plea are difficult to foresee, and underscore the need for experienced and zealous legal representation, as well as a basic understanding of your rights.

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The Short Term Legal Repercussions of a Conviction

              The short-term repercussions of a conviction vary depending upon the age at which the offense was committed, whether the crime is a repeat offense, and the nature of the crime committed. The short-term repercussions result from operation of state and federal statutes, and vary in length.

In the history of Supreme Court jurisprudence, there is perhaps no greater rights that has been drilled into the minds of the public than those of the “Miranda Warning”. From movies to television shows, Law and Order to CSI, no phrase is more ubiquitous in cop dramas than the warnings enshrined in Miranda. However, these warnings, in their ubiquity are not fully understood by the American public. Such ignorance; the very reason why the Supreme Court enshrined these rights[1], has proven the warnings ineffective at actually informing suspects of what their rights actually mean.

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What is a Miranda Warning

The Miranda warning developed from the 1966 case of Miranda v. Arizona[2]. In this landmark decision the Supreme Court consolidated four cases of individuals who, during police interrogations, where not specifically informed of either their fifth amendment right to remain silent[3], their sixth amendment right to counsel[4], or both of these rights. All four cases also involved suspects who sat through between two and fourteen hours of police interrogations before they confessed.

Terry v. Ohio[1]’s “narrow” ruling on the constitutionality of police stop and pat downs absent probable cause has opened up a whole new world of Supreme Court jurisprudence. The Court has sketched out the scope of these searches, seizures, and what remedies apply to constitutional violations resulting from them.

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Simple Scope Expansions for Vehicles

The Supreme Court quickly extended the principles of Terry from beat cops seeing suspicious behavior on the street, to police officers who see suspicious behavior on the road and in vehicles. Beginning with Pennsylvania v. Mimms[2], the Court allowed for officers to ask people to exit their vehicle and conduct a “Terry Frisk” when the officer has reasonable suspicion that the person is armed and dangerous.

Today marks the 12th anniversary of the decision in Gonzales v. Raich, a decision whose repercussions still resonate across the legal marijuana market. Following precedent, the Supreme Court held that the Commerce Clause[1] of the Constitution allowed for the federal government to criminalize the private cultivation of marijuana, even if that cultivation was in compliance with state law.

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The Case

The facts of the case demonstrate federalism at work. In 1996, California ratified proposition 215 otherwise known as “The Compassionate Use act of 1996”. This act legalized the use, sale and cultivation of medical marijuana with a recommendation from a doctor. California had become the third state to legalize medical marijuana, and the first to legalize it via referendum.

The phrase “Stop and Frisk” has become a common feature of today’s political debate. The practice is often brought up in discussions of police tactics, court cases, and criminal justice. However, the average person has little awareness of the jurisprudence surrounding the practice. Unfortunately, people must be aware of what the practice actually is to properly safe guard their constitutional rights against abusive and unconstitutional police action.

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What is “Stop and Frisk”?

The phrase “Stop and Frisk” is a shortened way of describing two distinct government actions of a Terry stop, and a Terry frisk both of which arose out of the 1968 case of Terry v Ohio[1]. Terry v Ohio has proven to be one of the most important Supreme Court decisions in terms of the practical impact on the fourth amendment[2].  Terry outlined a new way of interpreting the meaning of the fourth amendment’s reasonableness and probable cause requirements in the context of a search and seizure.

The protections enshrined in the ubiquitous words of the Miranda rights are meant to protect your right against self-incrimination. However, these rights are not self-executing, and require affirmative invocation in order to be effective. The need for invocation is particularly important regarding the right to remain silent.

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In order to invoke your right to silence, you must affirmatively invoke that right[1]. Following the decision of Berghuis v. Thompkins[2] The Supreme Court in a 5-4 judgment has held that to invoke your right to remain silent, you must affirmatively invoke that right. If you fail to affirmatively invoke your right to silence but remain silent, that silence may be used against you to show that you had knowledge of your right to remain silent.

Today marks the 48th anniversary of the decision in Leary v. United States, and often forgotten Supreme Court case from 1969 that effectively legalized marijuana on the federal level with the declaration that the 1937 Marijuana Tax Act violated the fifth amendment of the United States Constitution.

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The Case[1]

The facts behind the case are interesting to say the least. On December 20th 1965 Doctor Timothy Leary; a famous professor, psychologist, and political activist, left on a road trip from New York to the state of Yucatan in Mexico with his two adult children, and two others.