Articles Posted in Constitutional Rights

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There are some interesting Petitions for Certiorari the U.S. Supreme Court is considering this fall. At their September 29th conference, the Justices will determine which petitions involve issues that are compelling enough to move to the briefing stage—commonly referred to as the Court granting “cert.” Each year, the 7,000 petitions are filed with the Court, 100 of which cert is granted.

The following are some cases that have a good chance of being heard by the Court and can have far reaching implications to Irving criminal defendants. Issues raised in petitions that caught my attention include: the validity of the “automatic companion” rule under the Fourth Amendment (Owens v. Kentucky), whether state criminal convictions require jury unanimity (Lee v. Louisiana), and whether probable cause for a warrantless search for drugs exists when police observe two men exchanging money for a small, yet unknown object (Pennsylvania v. Dunlap).

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If I’m arrested in Riverside California, do I have to talk to police? The short answer to that question is no. A police officer can stop you, and ask you questions- but you don’t have to respond. Only a judge can force you to answer any questions.

But this brings up a second issue, when is a person under arrest? Because of the many shows on TV like Law and Order and CSI, many people think that an arrest has to include some formal statement by the police like, “you are under arrest,” or “you have a right to remain silent.” But reality is a little more complicated. An arrest occurs when a person no longer reasonably expects that he is free to leave. If, for example, a person is not allowed to leave the scene for an extended period of time, the person may be considered to be “under arrest,” even though those “magic” words are never uttered. If a person is handcuffed, is locked in the back of a police car, or is otherwise kept from leaving, generally the person will be considered to be under arrest—and thus has constitutional protections afforded to them, such as the right to remain silent, and the right to an attorney.

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