January 2022 - Federal Criminal Law Center

Post-Conviction Appeals Based on Juror Misconduct and Social Media Use/Access

Posted by Marcia Shein
On January 20, 2022
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Criminal defendants are entitled to due process. One crucial component of due process is that a criminally accused be given a trial “by an impartial jury.” In this regard, the United States Supreme Court has held that the impartiality of a jury is compromised by “any private communication, contact, or tampering directly or indirectly, with […]

SCOTUS Says “Community Caretaking Function” Not an Exception to Fourth Amendment Warrant Requirement

Posted by Marcia Shein
On January 12, 2022
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In 1973, the US Supreme decided a case called Cady v. Dombrowski, 413 US 433 (Supreme Court 1973). In Cady, an off-duty Chicago policeman, Chester J. Dombrowski, was arrested by local Wisconsin police on a charge of drunk driving following a one-car accident in which Dombrowski injured himself and damaged his rented 1967 Thunderbird. The […]

Unreasonable Delay in Seeking Warrant Might be Grounds for Post-Conviction Appeal

Posted by Marcia Shein
On January 7, 2022
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When law enforcement officials seize property — like a vehicle, a briefcase or a laptop computer — as part of a criminal investigation, law enforcement is required to obtain a warrant from a judge for a subsequent search of the contents. If there is probable cause, the police are allowed to temporarily seize the property […]