外国法
KEY CASES IN PROCEDURAL LAW (AMERICA) (4)

Schmerber v. California 384 U.S. 757 (1966) - landmark blood-extracting case which established "threshold requirements" for invasive intrusions versus state's interests; commonplace medical practices involving no risk, trauma, or pain can be reasonably expected as part of state's interests.

Sheppard v. Maxwell 384 U.S. 333 (1966) - judge has duty to control case so that media publicity ("carnival atmosphere") does not interfere with right to fair trial.

Singer v. U.S. 380 U.S. 24 (1965) - defendants have no right to demand a bench trial if the prosecutor wants a jury trial; the ability to waive a jury trial is not of equal importance as the right to demand one.

Spinelli v. U.S. 393 U.S. 110 (1969) - concerns sufficiency of police affidavit in obtaining a search warrant. Requires informant tip to have veracity and basis of knowledge; adds reliability (overturned in Illinois v. Gates).

State v. Vejvoda 231 Neb 668 (1989) - judicial notice cannot invade jury's province of fact- finding.

Stoner v. California 376 U.S. 483 (1964) - a hotel clerk cannot give consent to search the room of a hotel guest. Hotel guests are no less entitled to protection than house owners.

Strickland v. Washington 466 U.S. 668 (1984) - presents objective standards for effective representation by counsel; if undermined adversarial process, deficiencies were prejudicial, and attorney's conduct fell below prevailing professional norms.

Tennessee v. Garner 471 U.S. 1 (1985) - amends the old, common law "fleeing felon" rule. Deadly force cannot be used to prevent the escape of a suspect unless there is a significant threat of death or injury to the officer or others.

Terry v. Ohio 392 U.S. 1 (1968) - leading case establishing "stop and frisk" rule on reasonable suspicion. Police may temporarily detain someone for questioning if there are specific articulable facts which lead a reasonable police officer to believe that criminal activity is occurring.

U.S. v. Ash 413 U.S. 300 (1973) - no requirement of an attorney during post-indictment photographic lineups.

U.S. v. Brignoni-Ponce 422 U.S. 873 (1975) - police cannot stop somebody merely because of their apparent ethnic ancestry or other single factor profiles.

U.S. v. Chadwick 433 U.S. 1 (1977) - this case, along with Arkansas v. Sanders 442 U.S. 753 (1979), established the Chadwick-Sanders rule which protects the privacy of closed containers in automobile searches. Overturned by California v. Acevedo.

U.S. v. Dunnigan 507 U.S. 87 (1993) - defendant's perjury at trial may be considered as grounds for increasing the sentence even when there has been no conviction for perjury.

U.S. v. Kelly 14 F3d 1169 (1994) - requires seals on evidence bags, establishes other procedures for proper chain of custody.

U.S. v. Leon 468 U.S. 897 (1984) - allows exception to exclusionary rule if police are acting in good faith on a search warrant that is later declared invalid, due to judicial error.

U.S. v. Martinez-Fuerte 428 U.S. 543 (1976) - Permanent, routine checkpoints for illegal aliens are allowed without suspicion.

U.S. v. Nelson 419 F2d 1237 (1969) - jury cannot convict on basis of inference from inference (circumstantial evidence alone).

U.S. v. Sokolow 490 U.S. 1 (1989) - establishes drug courier profiling as grounds for reasonable suspicion.

U.S. v. Spivey 841 F2d 799 (1988) - right to cross-examine a hostile witness is not unlimited.

U.S. v. Wade 388 U.S. 218 (1967) - establishes the notion of a "critical" proceeding where the right to counsel attaches; together with Gilbert v. California of same year establish Wade-Gilbert rule where suspects cannot be put into a post-indictment lineup without notification and presence of an attorney.

Vernonia School District v. Acton 515 U.S. (1995) - allows random drug testing if school has a demonstrated drug problem.

Victor v. Nebraska 114 S. Ct. 1239 (1994) - involves proper instructions to a jury by a judge.

Warden v. Hayden 387 U.S. 294 (1967) - allows a warrantless search if probable cause and exigent circumstances are present, a "nexus"; "mere evidence" may be admitted.

Wilson v. Arkansas 115 S. Ct. 1914 (1995) - allows "no-knock" serving of a warrant if there are exigent circumstances (danger of violence, escape, or destruction of evidence). No blanket exception of "knock and announce" rule for drug cases was established in Richards v. Wisconsin (1997).

Wisconsin v. Mitchell 508 U.S. 47 (1993) - longer sentences for crimes motivated by racial hatred do not violate the 1st Amendment.

Wong Sun v. U.S. 371 U.S. 471 (1963) - tied "fruit of the poisonous tree" doctrine in with the exclusionary rule; any action following from an unconstitutional prior action (primary taint) is also inadmissible.

Zurcher v. Stanford Daily 436 U.S. 547 (1978) - warrants can be issued to search newspaper premises.

整理者:JCKIE

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