外国法
KEY CASES IN PROCEDURAL LAW (AMERICA) (1)

资料来源:http://faculty.ncwc.edu/TOConnor/procedure.htm

Alabama v. White 496 U.S. 325 (1990) - extends the totality of circumstances test (see Illinois v. Gates) in reasonable suspicion to detain cases, such as those involving an anonymous tip.

Arizona v. Evans 115 S. Ct. 1185 (1995) - allows exception to exclusionary rule if police are acting in good faith on a search warrant that is later declared invalid due to clerical error.

Barker v. Wingo 407 U.S. 514 (1972) - allows exceptions to 90-day speedy trial requirement based on balancing test to be used on ad hoc basis.

Berger v. New York 388 U.S. 41 (1967) - statutes authorizing electronic eavesdropping warrants must require more precise information than that required in regular search warrants, and orders must not be for more than two months.

Brady v. Maryland 373 U.S. 83 (1963) - allows defense counsel to ask for "all Brady material" or anything exculpatory as part of discovery process.

Brewer v. Williams 430 U.S. 387 (1977) - Even at post-arraignment stage (during transport, for example), indirect questioning without benefit of counsel can yield admissible, incriminating statements.

Bumper v. North Carolina 391 U.S. 543 (1968) - evidence obtained by police who claim they have a warrant when in fact they do not is inadmissible; lower courts are divided on the issue of consent if police threaten they can easily obtain a warrant.

Burch v. Louisiana 441 U.S. 130 (1979) - allows nonunanimous jury verdicts for 12-member juries, but when jury size reduced to six, verdict must be unanimous.

California v. Acevedo 500 U.S. 565 (1991) - rules that closed container (Chadwick -Sanders) rule does not apply in vehicle stops where there is probably cause to believe the vehicle contains contraband or evidence.

California v. Greenwood 486 U.S. 35 (1988) - widely-cited case allowing warrantless searches of items placed out on curb for trash collection to find evidence of criminal activity.

California v. Prysock 453 U.S. 355 (1981) - Miranda warnings don't have to be given in their precise wording (talismanic incantation) as long as a fully effective equivalent conveying the intended content is there.

Carroll v. U.S. 267 U.S. 132 (1925) - old, "bootlegging" case (the Carroll doctrine) which allows warrantless search of integral areas of vehicle (including upholstery) based on probable cause to believe it contains contraband or evidence of a crime (also see U.S. v. Chadwick and California v. Acevedo).

*CBS, Inc. v. Cobb 536 S. 2d 1067 (1988) - requires reporters to reveal their sources.

Chimel v. California 395 U.S. 752 (1969) - authorizes the landmark "Chimel rule": police may search the area within a person's immediate control (arm's reach) incidental to an arrest. The justification for the search is the arrest. Anything seized does not have to be related to the crime arrested for.

Colorado v. Spring 479 U.S. 564 (1987) - interrogations where the defendant thinks they are being charged with a more minor crime is allowed.

Connecticut v. Barrett 479 U.S. 523 (1987) - an oral confession is admissible even if the suspect refuses to sign a written statement on advice of their attorney.

County of Riverside v. McLaughlin 500 U.S. 413 - covers cases where preliminary hearing and arraignment are combined by state law (causing paperwork delays). Establishes 48 hour rule interpretation of "promptness" in Gerstein. After that, burden of delay shifts to the state.

Duckworth v. Eagan 492 U.S. 195 (1989) - the Miranda warnings need not be given in exact form; regarding the right to an attorney, the phrase "if and when you go to court" is sufficient. No need that attorneys be producible on call.

Eddings v. Oklahoma 455 U.S. 104 (1982) - no restrictions are allowed on the number of mitigating factors that defense may introduce for consideration by judge and/or jury.

Edwards v. Arizona 451 U.S. 477 (1981) - a suspect who invokes their Miranda rights by demanding an attorney cannot be interrogated further until a lawyer is made available.

Escobedo v. Illinois 378 U.S. 478 (1964) - for any serious offense, a suspect is entitled to a lawyer during interrogation at a police station.

Florida v. Riley 488 U.S. 445 (1989) - establishes lower limit of 400 feet for navigable airspace in allowing aerial surveillance and photography.

Frisbie v. Collins 342 U.S. 519 (1952) - an unlawful arrest does not deprive the court of jurisdiction to try a criminal case.

Gagnon v. Scarpelli 411 U.S. 778 (1973) - requires two-tier process in probation revocation hearings (preliminary and final), also benefit of counsel if charges are contested or substantial reasons defendant needs assistance.

Gernstein v. Pugh 420 U.S. 103 (1975) - Persons arrested without a warrant must promptly be brought before a neutral magistrate for a judicial determination of probable cause (preliminary hearing); leaves it to individual states to integrate prompt PC hearings into pre-trial procedures (see County of Riverside v. McLaughlin).

Gideon v. Wainwright 372 U.S. 335 (1963) - reverses Betts v. Brady (1942). Requires a lawyer be appointed for any indigent (poor) person who is charged with a felony or else person cannot be tried for the felony.

Graham v. Connor 490 U.S. 386 (1989) - use of force case which distinguished subjective (from perspective of officer at the scene) from objective (hindsight) standards in tests of reasonableness, allows civil suit claims if objectively unreasonable.

Hampton v. U.S. 425 U.S. 484 (1976) - there is no entrapment if a police informant supplies drugs to a suspect who is already predisposed to commit the crime.

Hoffa v. U.S. 385 U.S. 293 (1966) - also known as the "Test Fleet" case, allows state to intentionally plant an informant in the suspect's company.

Horton v. California 496 U.S. 128 (1990) - key case involving the "plain view" doctrine. Warrantless seizure allowed if item(s) in plain view, their incriminating character immediately apparent, and officer did not violate 4th Amendment in arriving at place from which evidence could be viewed (inadvertent discovery).

整理者:JACKIE

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