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Supreme Court to review warrantless GPS tracking
Court Feed News | 2011/06/27 16:17
The Supreme Court will weigh in on an important privacy issue for the digital age: whether the police need a warrant before using a global positioning system device to track a suspect's movements.

The justices said Monday they will hear the Obama administration's appeal of a court ruling that favored a criminal defendant. The federal appeals court in Washington overturned a criminal conviction because the police had no warrant for the GPS device they secretly installed on a man's car.

Other appeals courts have ruled that search warrants aren't necessary for GPS tracking.

The Justice Department argued that warrantless use of GPS devices does not violate the Fourth Amendment's ban on unreasonable searches. It also said prompt resolution of the divergent court opinions is critically important to law enforcement.

A three-judge panel of Democratic and Republican appointees unanimously threw out the conviction and life sentence of Antoine Jones of Washington, D.C., a nightclub owner convicted of operating a cocaine distribution ring.

Police put the GPS device on Jones' Jeep and tracked his movements for a month. The judges said the prolonged surveillance was a factor in their decision.


Court docs say Clayton Co. daycare worker lied about child death
Court Feed News | 2011/06/26 21:06
Court documents indicate a Clayton County day care operator and a staffer falsified records involving the death of 2-year-old Jazmin Green.

Green died Monday after being left in a hot van outside Marlo's Magnificent Early Learning Center in Jonesboro after a field trip.

An affidavit obtained by The Atlanta Journal-Constitution says a checklist certifying that all children had been removed from the van was filled out before the van arrived at the center.

The affidavit was filed in connection with the arrests of center administrator Marlo Fallings, her daughter Quantabia Hopkins and a juvenile assistant.

It suggests that an hour or more elapsed between when center personnel realized that Jazmin was missing and when they phoned 911.

The women's attorney, Bruce Harvey, denied that Fallings and Hopkins falsified documents.


Suspect in NY fire pleads not guilty
Court Feed News | 2011/06/24 15:03

An 18-year-old student has pleaded not guilty to attempted murder in a case that has brought unusual attention to a Hasidic Jewish enclave in New York.

Shaul Spitzer of New Square is accused of severely burning a neighbor, Aron Rottenberg, with gasoline on May 22. Rottenberg claims Spitzer was acting at the direction of the village's chief rabbi because Rottenberg had stopped praying at the rabbi's synagogue.

Spitzer was arraigned Friday in Rockland County Court on charges of attempted murder, attempted arson and assault. His lawyer entered not-guilty pleas to all charges. He said outside court that Spitzer did not intend to harm anyone or to burn down Rottenberg's house.

He also said the chief rabbi had no involvement.



Court says lab analyst must testify to own work
Court Feed News | 2011/06/23 12:34

The Supreme Court says that the lab analyst who testifies at a criminal trial must be the one who performed or witnessed the lab tests in question, the latest decision bolstering the constitutional requirement that defendants be able to confront witnesses against them.

In a 5-4 decision Thursday, the court ruled in favor of a New Mexico man convicted of drunken driving who objected when the supervisor of a lab analyst testified about a lab report showing the amount of alcohol in his blood.

The ruling reversed a New Mexico Supreme Court decision in the state's favor.



Strauss-Kahn said he had diplomatic immunity
Court Feed News | 2011/06/20 08:52

Dominique Strauss-Kahn declared he had diplomatic immunity and complained that his handcuffs were too tight after he was taken into custody on allegations he tried to rape a Manhattan hotel maid, court documents show.

The documents filed Thursday by prosecutors provide a chronology of statements leading to the arrest of the former leader of the International Monetary Fund, who was taken into custody by Port Authority police at John F. Kennedy International Airport on May 14 as he tried to leave on a Paris-bound flight.

One of his attorneys, Benjamin Brafman, said Thursday he had no comment.

Strauss-Kahn, who is free on $1 million bail under house arrest at a luxury townhouse, maintains he did not attack the maid at Sofitel hotel.

The new court documents describe Strauss-Kahn seemingly confused as he is taken into custody.

"I have diplomatic immunity," Strauss-Kahn told officers, according to the documents. "... Can I speak with someone from the French consulate? What is this about?"

He asked detectives whether he needs an attorney, responded to questions about whether he is hungry (at one point saying he would "like some eggs") and complained about his handcuffs, the documents say.

"Manhattan detectives need to speak with you about an incident in a hotel room," responded one detective as they go from the airport to the Manhattan Special Victims Squad on May 14 at about 5:15 p.m., the documents say.



Court says age must be considered in interrogation
Court Feed News | 2011/06/19 20:53

A divided Supreme Court said Thursday that police and courts must consider a child's age when examining whether a boy or girl is in custody, a move the court's liberals called "common sense" but the conservatives called an "extreme makeover" of Miranda rights.

The 5-4 decision came in a case in which police obtained a confession from a seventh-grade special education student while questioning him at school about a rash of break-ins in Chapel Hill, N.C., without reading him his Miranda rights, telling him he could leave or call his relatives.

Justice Sonia Sotomayor, a former prosecutor who wrote the opinion, said police have to consider the child's age before talking to him or her about a crime. Courts also have to take the child's age into consideration when deciding whether that confession can be used in court, she said.

"It is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave," Sotomayor said, adding there was no reason for "police officers or courts to blind themselves to that commonsense reality."

But Justice Samuel Alito, also a former prosecutor, said the point of Miranda was that police would have clear, objective guidelines to follow. Opening the door to considering age likely will mean that other characteristics could soon be added to the list, such as educational level, I.Q. and cultural background, he said.

"Safeguarding the constitutional rights of minors does not require the extreme makeover of Miranda that today's decision may portend," Alito said in the dissent.

The special education student, known as JDB in court papers, was 13 in 2005 when he confessed while interviewed by police and school officials in a closed room at his school.



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