12 Crim. Just. 1 (1984-1985)

handle is hein.journals/crijust12 and id is 1 raw text is: 





CRIMINAL




          IUSTI J


Program to Feature Postmortems
of  Celebrated Criminal Cases
  Plans are firming up for the Section's Second Annual
Seminar on  Criminal Defense and Prosecution to be
held March 1-2 1985 in Washington, D.C According to
Section CLE Advisor Edward J. Imw.nkelred. speakers
wi  include prosecutors and defense coMsel from some
of the most celebrated recent cases, who will present
postmortems of their victories and defeats
  Other agenda topics wil include pretrial discovery
outside the grand jury setting, jury selection  statistical
evidence, eyewitness ID, and a provocative analysis
focusing on the future of the private criminal defense
bar.
  Imwinkelried noted that while education programs for
the prosecution and defense are normalv held
separately, this Section sponsored ABA National Institute
is designed to offer important insights  nto the other
side s strategic thinking and action plans in the
courtroom.
  For more information, contact Marcia Christensen in
the Section s staff off ices-202 331-2260

Tough Criminal Law Questions
Face the Court
By William W. Greehalgh
  Criminal law practitioners can anticipate U.S. Supreme
Court action this year on a number of important issues.
The criminal law-related questions presented to the
Court for its 1984-85 term, as viewed by Prof. William W.
Greenhalgh of Georgetown University Law Center in
Washington, D.C., are summarized below.
                 Fourth Amendment
California v. Carney, No. 83-859
  Is a motor home that is fully mobile yet parked in a
public lot subject to the automobile exception?
U.S. v. Hensley, No. 83-1330
  Can  Terry stops be made only when police reasonably
suspect a crime is being or about to be committed, or
can such stops be based on reasonable suspicion (from
a wanted flyer) that the suspect has committed a crime
in another jurisdiction?
Winston  v. Lee, No. 83-1334
  Does  involuntary surgery involving general anesthesia
used to remove a bullet from a suspected felon violate
the fourth amendment?
Tennessee  v. Garner, No. 83-1035
  Does  the fourth amendment prohibit as an
unreasonable seizure the use of deadly force in
capturing a fleeing felon?  (Continued   On Page  2)


A  Year of Crucial Change
in  the  Law
By Laurie Robinson
  This has been a year of exceptional change in the
criminal law-change that will have long-term effects on
both white-collar and street crime law practice.
  The year's most far-reaching developments were the
Supreme  Court's July 5 decisions upholding a good faith
exception to the exclusionary rule. The decisions in U.S.
v. Leon and Massachusetts v. Sheppard were hailed by
many  as a long-overdue boost to law enforcement.
Others openly mourned the demise of the late, great
fourth amendment.
  The decisions only affect the roughly 10 percent of
criminal cases in which a sanctuary search warrant is
obtained, but it is probably only a matter of time until the
Court applies the exception more broadly. It is
interesting to note that the Court has not granted
certiorari in any case for the coming term where it could
expand the ruling to non-warrant cases.
           Impact of Good Faith Exception
  The symbolic impact of the decisions has been
tremendous. One obvious result has been the momentum
given those advancing crack down on crime measures.
  Several other results of the Court's actions are less
obvious. First, the decisions make it more likely that
defense counsel will move under state constitutions to
challenge searches, and that sympathetic state appellate
courts will base their holdings solely on adequate and
independent state grounds. (As the Court noted in
Sheppard, federal law does not require the exclusion of
the disputed evidence.)
  Second, while fourth amendment issues are usually
viewed in the blood-and-gore street-crime context, the
decisions' impact on white-collar defendants and the
business community should not be overlooked. In the
spirit of the Court's holdings, it is not unlikely that
administrative search warrants under the Occupational
Safety and Health Act and other federal regulatory
statutes will become looser, with federal bureaucrats
less attentive to ensuring the integrity of the search as
long as a magistrate's sign-off is obtained. Post-Leon
courts are going to be reluctant to go behind a warrant,
even though a recent National Center for State Courts
                               (Continued On Page 4)

  * The American  Bar Association has moved to new
quarters at Northwestern University. The new address is
750 North Lake Shore Drive, Chicago, IL 60611 The
cenral phone nhmber  is 312 988-5000

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