|
|
|
Supreme Court adopts new rules for cell phone tracking
Legal Business |
2018/06/24 15:53
|
The Supreme Court says police generally need a search warrant if they want to track criminal suspects’ movements by collecting information about where they’ve used their cellphones. The justices’ 5-4 decision Friday is a victory for privacy in the digital age. Police collection of cellphone tower information has become an important tool in criminal investigations.
The outcome marks a big change in how police can obtain phone records. Authorities can go to the phone company and obtain information about the numbers dialed from a home telephone without presenting a warrant. Chief Justice John Roberts wrote the majority opinion, joined by the court’s four liberals. Roberts said the court’s decision is limited to cellphone tracking information and does not affect other business records, including those held by banks.
He also wrote that police still can respond to an emergency and obtain records without a warrant. Justices Anthony Kennedy, Samuel Alito, Clarence Thomas and Neil Gorsuch dissented. Kennedy wrote that the court’s “new and uncharted course will inhibit law enforcement” and “keep defendants and judges guessing for years to come.”
The court ruled in the case of Timothy Carpenter, who was sentenced to 116 years in prison for his role in a string of robberies of Radio Shack and T-Mobile stores in Michigan and Ohio. Cell tower records that investigators got without a warrant bolstered the case against Carpenter. Investigators obtained the cell tower records with a court order that requires a lower standard than the “probable cause” needed to obtain a warrant. “Probable cause” requires strong evidence that a person has committed a crime.
The judge at Carpenter’s trial refused to suppress the records, finding no warrant was needed, and a federal appeals court agreed. The Trump administration said the lower court decisions should be upheld. The American Civil Liberties Union, representing Carpenter, said a warrant would provide protection against unjustified government snooping. The administration relied in part on a 1979 Supreme Court decision that treated phone records differently than the conversation in a phone call, for which a warrant generally is required.
In a case involving a single home telephone, the court said then that people had no expectation of privacy in the records of calls made and kept by the phone company. That case came to the court before the digital age, and the law on which prosecutors relied to obtain an order for Carpenter’s records dates from 1986, when few people had cellphones. The Supreme Court in recent years has acknowledged technology’s effects on privacy. In 2014, the court held unanimously that police must generally get a warrant to search the cellphones of people they arrest. Other items people carry with them may be looked at without a warrant, after an arrest.
|
|
|
|
|
|
|
Yankton lawyer Jason Ravnsborg wins GOP attorney general nod
Legal Business |
2018/06/22 16:17
|
South Dakota Republicans on Saturday chose Yankton lawyer Jason Ravnsborg to run against Democratic former U.S. Attorney Randy Seiler in the race for state attorney general.
GOP delegates voted to nominate Ravnsborg at their state party convention, where the attorney general contest was the main show for attendees. Democrats nominated Seiler as their candidate at a party gathering last week.
Ravnsborg won out over state Sen. Lance Russell in a second round of voting after Lawrence County State's Attorney John Fitzgerald was dropped from consideration following his third-place showing in the initial ballot.
"We've been working hard," Ravnsborg said after he won. "I've been to every county in our state at least twice."
Ravnsborg has proposed expanding programs that allow lower-level prisoners to work while serving their sentences and establishing a meth-specific prison and mental health facility in the western part of the state. He said he has leadership and management experience and touted his support among county sheriffs to delegates.
Ravnsborg, 42, of Yankton, is a lieutenant colonel in the U.S. Army Reserve. He's looking to succeed outgoing Attorney General Marty Jackley as the state's chief lawyer and law enforcement officer.
The high-profile office has served as a frequent springboard for gubernatorial hopefuls and takes on the state's top legal cases, such as South Dakota's recent successful push to get the U.S. Supreme Court to allow states to make online shoppers pay sales tax.
Russell, a former state's attorney and current chairman of the Senate Judiciary Committee, had said he wanted to be attorney general to address rising crime and improve government transparency. Fitzgerald has been the Lawrence County state's attorney since 1995 and campaigned on his experience.
|
|
|
|
|
|
|
Michigan court ends conflict over juvenile life sentences
Legal Business |
2018/06/20 14:52
|
Judges, not juries, have the sole power to decide whether someone under 18 gets life in prison without parole, the Michigan Supreme Court said Wednesday.
The 4-2 decision settles a conflict at the state appeals court and clears the way for more than 200 new sentencing hearings for so-called juvenile lifers that have been on hold for more than a year.
The Supreme Court said there are no constitutional violations in allowing a judge to order a no-parole sentence for a teen. Chief Justice Stephen Markman, writing for the majority, said a trial judge doesn't need to find any particular fact before choosing the highest punishment.
The case landed at the Supreme Court after the Michigan appeals court in 2015 said a no-parole sentence for a minor would fit only if a jury finds that the crime is the result of "irreparable corruption," something so heinous that parole shouldn't apply. Markman, however, said the interpretation was wrong.
"If the trial court simply finds that there are no mitigating circumstances, it can sentence a juvenile to life without parole," he wrote.
Separately, many Michigan juvenile lifers who are serving no-parole sentences are eligible for a new hearing because of a U.S. Supreme Court decision. But those hearings were suspended while the state Supreme Court grappled with two cases that led to a decision Wednesday. |
|
|
|
|
|
|
High Court Rules in Dispute Over Immigrant Teen's Abortion
Legal Business |
2018/06/02 10:54
|
The Supreme Court ruled Monday in a case about a pregnant immigrant teen who obtained an abortion with the help of the ACLU, siding with the Trump administration and wiping away a lower court decision for the teen but rejecting a suggestion her lawyers should be disciplined.
The decision is about the teen's individual case and doesn't disrupt ongoing class action litigation about the ability of immigrant teens in government custody to obtain abortions. The justices ruled in an unsigned opinion that vacating a lower court decision in favor of the teen, who had been in government custody after entering the country illegally, was the proper course because the case became moot after she obtained an abortion.
Government lawyers had complained to the Supreme Court that attorneys for the American Civil Liberties Union didn't alert them that the teen's abortion would take place earlier than expected. The administration said that deprived its lawyers of the chance to ask the Supreme Court to block the procedure, at least temporarily. The Trump administration told the court that discipline might be warranted against the teen's attorneys. The ACLU said its lawyers did nothing wrong.
The Supreme Court said it took the government's allegations "seriously" but the court declined to wade into the finger-pointing between the sides.
"Especially in fast-paced, emergency proceedings like those at issue here, it is critical that lawyers and courts alike be able to rely on one another's representations. On the other hand, lawyers also have ethical obligations to their clients and not all communications breakdowns constitute misconduct," the justices wrote in a 5-page opinion, adding that the court "need not delve into the factual disputes raised by the parties" in order to vacate the decision for the teen.
The teen at the center of the case entered the U.S. illegally in September as a 17-year-old and was taken to a federally funded shelter in Texas for minors who enter the country without their parents. The unnamed teen, referred to as Jane Doe, learned while in custody that she was pregnant and sought an abortion. A state court gave her permission, but federal officials — citing a policy of refusing to facilitate abortions for pregnant minors in its shelters — refused to transport her or temporarily release her so that others could take her for the procedure.
The ACLU helped the teen sue the Trump administration, and after a federal appeals court sided with her, the government was preparing to ask the Supreme Court to step in and block the procedure, at least temporarily.
But the teen, allowed out of the shelter by court order, had an abortion first, about 12 hours after a court gave her the go-ahead. In response, the Trump administration, in a highly unusual filing with the Supreme Court, cried foul. The ACLU has defended its attorneys' actions, saying government lawyers made assumptions about the timing of the teen's abortion. |
|
|
|
|
|
|
Supreme Court upholds challenged patent review practice
Legal Business |
2018/04/21 10:18
|
The Supreme Court has upheld a challenged practice that is used to invalidate patents without the involvement of federal courts.
The justices on Tuesday rejected a bid to strike down a process established by Congress in 2011 to speed up patent reviews.
The justices voted 7-2 in favor of the U.S. Patent and Trademark Office's patent review process. It has been used to invalidate hundreds of patents since it was established in 2012.
Chief Justice John Roberts and Justice Neil Gorsuch dissented.
|
|
|
|
|
|
| Law Firm Web Design Information |
| Law Promo has worked with attorneys, lawyers and law firms all over the world in designing beautiful law firm websites that look great on all devices, from desktop computers to mobile phones. Law Promo can construct your law firm a brand new responsive law firm website, or help you redesign your existing site to secure your place in the mobile world. Solo Practice Law Firm Website Design |
|
|
Legal News RSS Feed
